General Assembly Bill No. 6004 July Special Session, 2020 LCO No. 3700
Referred to Committee on No Committee
Introduced by: REP. ARESIMOWICZ, 30th Dist. SEN. LOONEY, 11th Dist. REP. RITTER M., 1st Dist. SEN. DUFF, 25th Dist.
AN ACT CONCERNING POLICE ACCOUNTABILITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
1 Section 1. Subsection (a) of section 29-4 of the general statutes is 2 repealed and the following is substituted in lieu thereof (Effective from 3 passage):
4 (a) On and after June 15, 2012, and until July 1, 2013, the 5 Commissioner of Emergency Services and Public Protection shall 6 appoint and maintain a sufficient number of sworn state police 7 personnel to efficiently maintain the operation of the Division of State 8 Police as determined by the commissioner in the commissioner's 9 judgment. On and after July 1, 2013, the commissioner shall appoint and 10 maintain a sufficient number of sworn state police personnel to 11 efficiently maintain the operation of the division as determined by the 12 commissioner in accordance with the recommended standards 13 developed pursuant to subsection (f) of this section. Any sworn state
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14 police personnel appointed by the commissioner on or after the effective 15 date of this section, shall be certified by the Police Officer Standards and 16 Training Council under section 7-294d within one year of appointment.
17 Sec. 2. Section 29-3a of the general statutes is repealed and the 18 following is substituted in lieu thereof (Effective from passage):
19 After graduation from the State Police Training Academy, and before 20 becoming a sworn member of the Division of State Police within the 21 Department of Emergency Services and Public Protection, all state 22 police trainees shall have received a high school diploma or an 23 equivalent approved by the state Department of Education and shall 24 have obtained certification from the Police Officer Standards and 25 Training Council within one year of becoming a sworn member of said 26 division. Nothing in this section shall prohibit prospective state police 27 applicants from being admitted to the State Police Training Academy 28 without having received either the high school diploma or equivalent.
29 Sec. 3. Section 7-294d of the general statutes is repealed and the 30 following is substituted in lieu thereof (Effective from passage):
31 (a) The Police Officer Standards and Training Council shall have the 32 following powers:
33 (1) To develop and periodically update and revise [a] comprehensive 34 state and municipal police training [plan] plans;
35 (2) To approve, or revoke the approval of, any state or municipal 36 police training school and to issue certification to such schools and to 37 revoke such certification;
38 (3) To set the minimum courses of study and attendance required and 39 the equipment and facilities to be required of approved state and 40 municipal police training schools;
41 (4) To set the minimum qualifications for law enforcement instructors 42 and to issue appropriate certification to such instructors in the field of
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43 expertise that such instructors will be teaching;
44 (5) To require that all probationary candidates receive the hours of 45 basic training deemed necessary before being eligible for certification, 46 such basic training to be completed within one year following the 47 appointment as a probationary candidate, unless the candidate is 48 granted additional time to complete such basic training by the council;
49 (6) To require the registration of probationary candidates with the 50 academy within ten days of hiring for the purpose of scheduling 51 training;
52 (7) To issue appropriate certification to police officers who have 53 satisfactorily completed minimum basic training programs;
54 (8) To require that each police officer satisfactorily complete at least 55 forty hours of certified review training every three years in order to 56 maintain certification, unless the officer is granted additional time not 57 to exceed one year to complete such training by the council;
58 (9) To develop an interactive electronic computer platform capable of 59 administering training courses and to authorize police officers to 60 complete certified review training at a local police department facility 61 by means of such platform;
62 (10) To renew the certification of those police officers who have 63 satisfactorily completed review training programs and submitted to a 64 urinalysis drug test that screens for controlled substances, including, 65 but not limited to, anabolic steroids, the result of which indicated no 66 presence of any controlled substance not prescribed for the officer;
67 (11) To establish, in consultation with the Commissioner of 68 Emergency Services and Public Protection, uniform minimum 69 educational and training standards for employment as a police officer 70 in full-time positions, temporary or probationary positions and part- 71 time or voluntary positions;
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72 (12) To develop, in consultation with the Commissioner of 73 Emergency Services and Public Protection, a schedule to visit and 74 inspect police basic training schools and to inspect each school at least 75 once each year;
76 (13) To consult with and cooperate with universities, colleges and 77 institutes for the development of specialized courses of study for police 78 officers in police science and police administration;
79 (14) To work with the Commissioner of Emergency Services and 80 Public Protection and with departments and agencies of this state and 81 other states and the federal government concerned with police training;
82 (15) To make recommendations to the Commissioner of Emergency 83 Services and Public Protection concerning a training academy 84 administrator, who shall be appointed by the commissioner, and 85 concerning the hiring of staff, within available appropriations, that may 86 be necessary in the performance of its functions;
87 (16) To perform any other acts that may be necessary and appropriate 88 to carry out the functions of the council as set forth in sections 7-294a to 89 7-294e, inclusive;
90 (17) To accept, with the approval of the Commissioner of Emergency 91 Services and Public Protection, contributions, grants, gifts, donations, 92 services or other financial assistance from any governmental unit, public 93 agency or the private sector;
94 (18) To conduct any inspection and evaluation that may be necessary 95 to determine if a law enforcement unit is complying with the provisions 96 of this section;
97 (19) At the request and expense of any law enforcement unit, to 98 conduct general or specific management surveys;
99 (20) To develop objective and uniform criteria for recommending any 100 waiver of regulations or granting a waiver of procedures established by
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101 the council;
102 (21) To recruit, select and appoint candidates to the position of 103 municipal probationary candidate [, as defined in section 7-294a,] and 104 provide recruit training for candidates of the Connecticut Police Corps 105 program in accordance with the Police Corps Act, 42 USC 14091 et seq., 106 as amended from time to time;
107 (22) [To] (A) Until December 31, 2024, to develop, adopt and revise, 108 as necessary, comprehensive accreditation standards for the 109 administration and management of law enforcement units, to grant 110 accreditation to those law enforcement units that demonstrate their 111 compliance with such standards and, at the request and expense of any 112 law enforcement unit, to conduct such surveys as may be necessary to 113 determine such unit's compliance with such standards; and (B) on and 114 after January 1, 2025, to work with any law enforcement unit that has 115 failed to obtain or maintain accreditation from the Commission on 116 Accreditation for Law Enforcement Agencies, Inc., pursuant to section 117 7-294ee;
118 (23) To recommend to the commissioner the appointment of any 119 council training instructor, or such other person as determined by the 120 council, to act as a special police officer throughout the state as such 121 instructor or other person's official duties may require, provided any 122 such instructor or other person so appointed shall be a certified police 123 officer. Each such special police officer shall be sworn and may arrest 124 and present before a competent authority any person for any offense 125 committed within the officer's precinct; [.] and
126 (24) To develop and implement written policies, on or before January 127 1, 2021, in consultation with the Commissioner of Emergency Services 128 and Public Protection concerning the requirements that all police 129 officers undergo periodic behavioral health assessments as set forth in 130 section 16 of this act. Such written policies shall, at a minimum, address 131 (A) the confidentiality of such assessments, including, but not limited
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132 to, compliance with all provisions of the Health Insurance Portability 133 and Accountability Act of 1996, P.L. 104-191, as amended from time to 134 time, (B) the good faith reasons that the administrative head of a law 135 enforcement unit, as defined in section 16 of this act, may rely upon 136 when requesting that a police officer undergo an additional assessment, 137 (C) the availability of behavioral health treatment services that will be 138 afforded to any police officer required to undergo a behavioral health 139 assessment pursuant to section 16 of this act, (D) the ability of a police 140 officer to review and contest the results of any such assessment, (E) 141 permissible personnel actions, if any, that may be taken by a law 142 enforcement unit based on the results of such assessments while taking 143 into consideration the due process rights of a police officer, (F) the 144 process for selecting psychiatrists and psychologists to conduct such 145 assessments, and (G) financial considerations that may be incurred by 146 law enforcement units or police officers that are attributable to 147 conducting such assessments.
148 (b) No person may be employed as a police officer by any law 149 enforcement unit for a period exceeding one year unless such person 150 has been certified under the provisions of subsection (a) of this section 151 or has been granted an extension by the council. No person may serve 152 as a police officer during any period when such person's certification 153 has been cancelled or revoked pursuant to the provisions of subsection 154 (c) of this section. In addition to the requirements of this subsection, the 155 council may establish other qualifications for the employment of police 156 officers and require evidence of fulfillment of these qualifications. The 157 certification of any police officer who is not employed by a law 158 enforcement unit for a period of time in excess of two years, unless such 159 officer is on leave of absence, shall be considered lapsed. Upon 160 reemployment as a police officer, such officer shall apply for 161 recertification in a manner provided by the council, provided such 162 recertification process requires the police officer to submit to a urinalysis 163 drug test that screens for controlled substances, including, but not 164 limited to, anabolic steroids, and receive a result indicating no presence
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165 of any controlled substance not prescribed for the officer. The council 166 shall certify any applicant who presents evidence of satisfactory 167 completion of a program or course of instruction in another state or, if 168 the applicant is a veteran or a member of the armed forces or the 169 National Guard, as part of training during service in the armed forces, 170 that is equivalent in content and quality to that required in this state, 171 provided such applicant passes an examination or evaluation as 172 required by the council. For the purposes of this section, "veteran" 173 means any person who was discharged or released under conditions 174 other than dishonorable from active service in the armed forces and 175 "armed forces" has the same meaning as provided in section 27-103.
176 (c) (1) The council may refuse to renew any certificate if the holder 177 fails to meet the requirements for renewal of his or her certification.
178 (2) The council may cancel or revoke any certificate if: (A) The 179 certificate was issued by administrative error, (B) the certificate was 180 obtained through misrepresentation or fraud, (C) the holder falsified 181 any document in order to obtain or renew any certificate, (D) the holder 182 has been convicted of a felony, (E) the holder has been found not guilty 183 of a felony by reason of mental disease or defect pursuant to section 53a- 184 13, (F) the holder has been convicted of a violation of section 21a-279, 185 (G) the holder has been refused issuance of a certificate or similar 186 authorization or has had his or her certificate or other authorization 187 cancelled or revoked by another jurisdiction on grounds which would 188 authorize cancellation or revocation under the provisions of this 189 subdivision, (H) the holder has been found by a law enforcement unit, 190 pursuant to procedures established by such unit, to have used a firearm 191 in an improper manner which resulted in the death or serious physical 192 injury of another person, (I) the holder has been found by a law 193 enforcement unit, pursuant to procedures established by such unit and 194 considering guidance developed under subsection (g) of this section, to 195 have engaged in conduct that undermines public confidence in law 196 enforcement, including, but not limited to, discriminatory conduct, 197 falsification of reports or a violation of the Alvin W. Penn Racial
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198 Profiling Prohibition Act pursuant to sections 54-1l and 54-1m, 199 provided, when evaluating any such conduct, the council considers 200 such conduct engaged in while the holder is acting in such holder's law 201 enforcement capacity or representing himself or herself to be a police 202 officer to be more serious than such conduct engaged in by a holder not 203 acting in such holder's law enforcement capacity or representing himself 204 or herself to be a police officer; (J) the holder has been found by a law 205 enforcement unit, pursuant to procedures established by such unit, to 206 have used physical force on another person in a manner that is excessive 207 or used physical force in a manner found to not be justifiable after an 208 investigation conducted pursuant to section 51-277a, or [(I)] (K) the 209 holder has been found by a law enforcement unit, pursuant to 210 procedures established by such unit, to have committed any act that 211 would constitute tampering with or fabricating physical evidence in 212 violation of section 53a-155, perjury in violation of section 53a-156 or 213 false statement in violation of section 53a-157b. Whenever the council 214 believes there is a reasonable basis for suspension, cancellation or 215 revocation of the certification of a police officer, police training school 216 or law enforcement instructor, it shall give notice and an adequate 217 opportunity for a hearing prior to such suspension, cancellation or 218 revocation. Such hearing shall be conducted in accordance with the 219 provisions of chapter 54. Any holder aggrieved by the decision of the 220 council may appeal from such decision in accordance with the 221 provisions of section 4-183. The council may cancel or revoke any 222 certificate if, after a de novo review, it finds by clear and convincing 223 evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of 224 this subdivision, or (ii) that the holder of the certificate committed an act 225 set forth in subparagraph (H), [or (I)] (I), (J) or (K) of this subdivision. In 226 any such case where the council finds such evidence, but determines 227 that the severity of an act committed by the holder of the certificate does 228 not warrant cancellation or revocation of such holder's certificate, the 229 council may suspend such holder's certification for a period of up to 230 forty-five days and may censure such holder of the certificate. Any 231 police officer or law enforcement instructor whose certification is
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232 cancelled or revoked pursuant to this section may reapply for 233 certification no sooner than two years after the date on which the 234 cancellation or revocation order becomes final. Any police training 235 school whose certification is cancelled or revoked pursuant to this 236 section may reapply for certification at any time after the date on which 237 such order becomes final.
238 (d) Notwithstanding the provisions of subsection (b) of this section, 239 (1) any police officer, except a probationary candidate, who is serving 240 under full-time appointment on July 1, 1982, and (2) any sworn member 241 of the Division of State Police within the Department of Emergency 242 Services and Public Protection, except a probationary candidate, who is 243 serving under full-time appointment on the effective date of this section, 244 shall be deemed to have met all certification requirements and shall be 245 automatically certified by the council in accordance with the provisions 246 of subsection (a) of section 7-294e.
247 (e) The provisions of this section shall apply to any person who 248 performs police functions. As used in this subsection, "performs police 249 functions" for a person who is not a police officer, as defined in section 250 7-294a, means that in the course of such person's official duties, such 251 person carries a firearm and exercises arrest powers pursuant to section 252 54-1f or engages in the prevention, detection or investigation of crime, 253 as defined in section 53a-24. The council shall establish criteria by which 254 the certification process required by this section shall apply to police 255 officers.
256 (f) The provisions of this section shall not apply to (1) [any state police 257 training school or program, (2) any sworn member of the Division of 258 State Police within the Department of Emergency Services and Public 259 Protection, (3)] Connecticut National Guard security personnel, when 260 acting within the scope of their National Guard duties, who have 261 satisfactorily completed a program of police training conducted by the 262 United States Army or Air Force, [(4)] (2) employees of the Judicial 263 Department, [(5)] (3) municipal animal control officers appointed
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264 pursuant to section 22-331, or [(6)] (4) fire police appointed pursuant to 265 section 7-313a. The provisions of this section with respect to renewal of 266 certification upon satisfactory completion of review training programs 267 shall not apply to any chief inspector or inspector in the Division of 268 Criminal Justice who has satisfactorily completed a program of police 269 training conducted by the division. Notwithstanding the provisions of 270 subsection (b) of this section, any police officer certified in accordance 271 with subsection (a) of this section may accept employment with another 272 police department within this state without repeating minimum basic 273 training.
274 (g) The council may develop and issue written guidance to law 275 enforcement units concerning grounds for suspension, cancellation or 276 revocation of certification. Such written guidance may include, but not 277 be limited to, (1) reporting procedures to be followed by chief law 278 enforcement officers for certificate suspension, cancellation or 279 revocation, (2) examples of conduct that undermines public confidence 280 in law enforcement, (3) examples of discriminatory conduct, and (4) 281 examples of misconduct while the certificate holder may not be acting 282 in such holder's law enforcement capacity or representing himself or 283 herself to be a police officer, but may be serious enough for suspension, 284 cancellation or revocation of the holder's certificate. Such written 285 guidance shall be available on the council's Internet web site.
286 Sec. 4. Section 7-294e of the general statutes is repealed and the 287 following is substituted in lieu thereof (Effective from passage):
288 (a) Notwithstanding the provisions of any general statute or special 289 act or local law, ordinance or charter to the contrary, each police officer 290 shall forfeit such officer's appointment and position unless recertified 291 by the council according to procedures and within the time frame 292 established by the council. Any sworn member of the Division of State 293 Police within the Department of Emergency Services and Public 294 Protection who is deemed certified under subsection (d) of section 7- 295 294d is required to apply for recertification by the council within the
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296 time frame established by the council, unless such member retires from 297 said division within such time frame.
298 (b) The Police Officer Standards and Training Council may 299 recommend to the Commissioner of Emergency Services and Public 300 Protection any regulations it deems necessary to carry out the 301 provisions of section 7-294a, subsection (a) of section 7-294b, sections 7- 302 294c and 7-294d and this section, giving due consideration to the 303 varying factors and special requirements of law enforcement units.
304 (c) The Commissioner of Emergency Services and Public Protection 305 may adopt regulations, in accordance with the provisions of chapter 54, 306 as are necessary to implement the provisions of section 7-294a, 307 subsection (a) of section 7-294b, sections 7-294c and 7-294d and this 308 section. Such regulations shall be binding upon all law enforcement 309 units. [, except the Division of State Police within the Department of 310 Emergency Services and Public Protection.]
311 Sec. 5. (NEW) (Effective from passage) (a) As used in this section, "police 312 officer" has the same meaning as provided in section 7-294a of the 313 general statutes.
314 (b) The Police Officer Standards and Training Council, in 315 consultation with the Commissioner of Emergency Services and Public 316 Protection, the Chief State's Attorney, the Connecticut Police Chiefs 317 Association and the Connecticut Coalition of Police and Correctional 318 Officers, shall adopt, in accordance with the provisions of chapter 54 of 319 the general statutes, a uniform, state-wide policy for managing crowds 320 by police officers. Such policy shall include a definition of the term 321 "crowd" and reflect factors that affect the management of crowds by 322 police officers, including, but not limited to, the size of the crowd, the 323 location where a crowd has gathered, the time of day when a crowd has 324 gathered and the purpose for any such gathering. In addition, the policy 325 shall establish guidelines for managing crowds in a manner that: (1) 326 Protects individual rights and preserves the peace during
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327 demonstrations and civil disturbances, (2) addresses the permissible 328 and impermissible uses of force by a police officer and the type and 329 amount of training in crowd management that each police officer shall 330 undergo, and (3) sets forth the documentation required following any 331 physical confrontation between a police officer and a civilian during a 332 crowd management incident.
333 (c) The Police Officer Standards and Training Council, in consultation 334 with the Commissioner of Emergency Services and Public Protection, 335 the Chief State's Attorney, the Connecticut Police Chiefs Association 336 and the Connecticut Coalition of Police and Correctional Officers, shall 337 (1) not later than December 1, 2020, post on the eRegulations System, 338 established pursuant to section 4-173b of the general statutes, a notice of 339 intent to adopt regulations setting forth the crowd management policy 340 adopted pursuant to subsection (b) of this section in accordance with the 341 provisions of chapter 54 of the general statutes, and (2) at least once 342 during each five-year period thereafter, amend such regulations to 343 update such policy.
344 (d) On and after the date the crowd management policy is adopted in 345 regulations pursuant to subsection (b) of this section, (1) the chief of 346 police or Commissioner of Emergency Services and Public Protection, 347 as the case may be, shall inform each officer within such chief's or said 348 commissioner's department and each officer responsible for law 349 enforcement in a municipality in which there is no organized police 350 department of the existence of the crowd management policy to be 351 employed by any such officer and shall take whatever measures are 352 necessary to ensure that each such officer understands the crowd 353 management policy established under this section, and (2) each police 354 basic or review training program conducted or administered by the 355 Division of State Police within the Department of Emergency Services 356 and Public Protection, the Police Officer Standards and Training 357 Council or a municipal police department shall include training in such 358 policy.
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359 Sec. 6. Section 29-8 of the general statutes is repealed and the 360 following is substituted in lieu thereof (Effective from passage):
361 In case of riot or civil commotion in any part of the state, the Division 362 of State Police within the Department of Emergency Services and Public 363 Protection, on order of the Governor, shall use its best efforts to suppress 364 the same. In the event of such participation by the Division of State 365 Police in the suppression of any riot or similar disorder, the same 366 immunities and privileges as apply to the organized militia shall apply 367 to the members of said division, provided, after the crowd management 368 policy has been adopted as a regulation under section 5 of this act, any 369 such member is in substantial compliance with such policy.
370 Sec. 7. Section 7-294s of the general statutes is repealed and the 371 following is substituted in lieu thereof (Effective from passage):
372 Each police basic or review training program conducted or 373 administered by the Division of State Police within the Department of 374 Emergency Services and Public Protection, the Police Officer Standards 375 and Training Council established under section 7-294b or a municipal 376 police department in the state shall include tactical training for police 377 officers regarding the use of physical force, training in the use of body- 378 worn recording equipment and the retention of data created by such 379 equipment, and cultural competency and sensitivity and bias-free 380 policing training, including, but not limited to, implicit bias training. As 381 used in this section, "implicit bias training" means training on how to 382 recognize and mitigate unconscious biases against a particular segment 383 of the population that might influence a police officer's judgments and 384 decisions when interacting with a member of such segment of the 385 population.
386 Sec. 8. Subsection (e) of section 5-278 of the general statutes is 387 repealed and the following is substituted in lieu thereof (Effective from 388 passage):
389 (e) [Where] (1) Except as provided in subdivision (2) of this
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390 subsection, where there is a conflict between any agreement or 391 arbitration award approved in accordance with the provisions of 392 sections 5-270 to 5-280, inclusive, on matters appropriate to collective 393 bargaining, as defined in said sections, and any general statute or special 394 act, or regulations adopted by any state agency, the terms of such 395 agreement or arbitration award shall prevail; provided if participation 396 of any employees in a retirement system is effected by such agreement 397 or arbitration award, the effective date of participation in said system, 398 notwithstanding any contrary provision in such agreement or 399 arbitration award, shall be the first day of the third month following the 400 month in which a certified copy of such agreement or arbitration award 401 is received by the Retirement Commission or such later date as may be 402 specified in the agreement or arbitration award.
403 (2) For any agreement or arbitration award approved before, on or 404 after the effective date of this section, in accordance with the provisions 405 of sections 5-270 to 5-280, inclusive, on matters appropriate to collective 406 bargaining, as defined in said sections, where any provision in such 407 agreement or award pertaining to the disclosure of disciplinary matters 408 or alleged misconduct would prevent the disclosure of documents 409 required to be disclosed under the provisions of the Freedom of 410 Information Act, as defined in section 1-200, the provisions of the 411 Freedom of Information Act shall prevail. The provisions of this 412 subdivision shall not be construed to diminish a bargaining agent's 413 access to information pursuant to state law.
414 Sec. 9. (NEW) (Effective from passage) No collective bargaining 415 agreement or arbitration award entered into before, on or after the 416 effective date of this section, by the state and any collective bargaining 417 unit of the Division of State Police within the Department of Emergency 418 Services and Public Protection may prohibit the disclosure of any 419 disciplinary action based on a violation of the code of ethics contained 420 in the personnel file of a sworn member of said division.
421 Sec. 10. Section 7-291a of the general statutes is repealed and the
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422 following is substituted in lieu thereof (Effective from passage):
423 (a) If a law enforcement unit serves a community with a relatively 424 high concentration of minority residents, the unit shall make efforts to 425 recruit, retain and promote minority police officers so that the racial and 426 ethnic diversity of such unit is representative of such community. Such 427 efforts may include, but are not limited to: (1) Efforts to attract young 428 persons from the community such unit serves to careers in law 429 enforcement through enrollment and participation in police athletic 430 leagues in which police officers support young persons of the 431 community through mentoring, sports, education and by fostering a 432 positive relationship between such persons and police officers, the 433 implementation of explorer programs and cadet units and support for 434 public safety academies; (2) community outreach; and (3) 435 implementation of policies providing that when there is a vacant 436 position in such unit, such position shall be filled by hiring or promoting 437 a minority candidate when the qualifications of such candidate exceed 438 or are equal to that of any other candidate or candidates being 439 considered for such position when such candidates are ranked on a 440 promotion or examination register or list. For purposes of this section, 441 "minority" means an individual whose race is defined as other than 442 white, or whose ethnicity is defined as Hispanic or Latino by the federal 443 Office of Management and Budget for use by the Bureau of Census of 444 the United States Department of Commerce.
445 (b) Not later than January 1, 2021, and annually thereafter, the board 446 of police commissioners, the chief of police, the superintendent of police 447 or other authority having charge of a law enforcement unit that serves a 448 community with a relatively high concentration of minority residents 449 shall report to the Police Officer Standards and Training Council on the 450 community's efforts to recruit, retain and promote minority police 451 officers.
452 Sec. 11. Section 7-294c of the general statutes is repealed and the 453 following is substituted in lieu thereof (Effective from passage):
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454 [The] Not later than January 1, 2021, and annually thereafter, the 455 council shall submit an annual report, in accordance with the provisions 456 of section 11-4a, to the Governor and the joint standing committees of 457 the General Assembly having cognizance of matters relating to the 458 judiciary and public safety which shall include pertinent data regarding 459 (1) the comprehensive municipal police training plan, (2) the 460 recruitment, retention and promotion of minority police officers, and (3) 461 an accounting of all grants, contributions, gifts, donations or other 462 financial assistance.
463 Sec. 12. Section 6 of public act 19-90 is repealed and the following is 464 substituted in lieu thereof (Effective from passage):
465 (a) There is established a task force to study police transparency and 466 accountability. The task force shall examine: (1) Police officer 467 interactions with individuals who are individuals with a mental, 468 intellectual or physical disability; (2) the merits and feasibility of police 469 officers who conduct traffic stops issuing a receipt to each individual 470 being stopped that includes the reason for the stop and records the 471 demographic information of the person being stopped; [and] (3) 472 strategies that can be utilized by communities to increase the 473 recruitment, retention and promotion of minority police officers, as 474 required by section 7-291a of the general statutes; (4) strategies that can 475 be utilized by communities to increase the recruitment, retention and 476 promotion of female police officers; (5) the merits and feasibility of 477 requiring police officers to procure and maintain professional liability 478 insurance as a condition of employment; (6) the merits and feasibility of 479 requiring a municipality to maintain professional liability insurance on 480 behalf of its police officers; (7) the establishment of primary and 481 secondary traffic violations in the general statutes; (8) the establishment 482 of a requirement in the general statutes that any police traffic stop be 483 based on the enforcement of a primary traffic violation; (9) how a police 484 officer executes a warrant to enter a residence without giving audible 485 notice of the police officer's presence, authority and purpose before 486 entering in this state and under the laws of other states, including
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487 verification procedures of the address where the warrant is to be 488 executed and any documentation that a police officer should leave for 489 the residents where the warrant was executed; (10) how a professional 490 bondsman under chapter 533 of the general statutes, a surety bail bond 491 agent under chapter 700f of the general statutes or a bail enforcement 492 agent under sections 29-152f to 29-152i, inclusive, of the general statutes 493 take into custody the principal on a bond who has failed to appear in 494 court and for whom a rearrest warrant or a capias has been issued 495 pursuant to section 54-65a of the general statutes, in this state and other 496 states, including what process of address verification is used and 497 whether any documentation is left with a resident where the warrant 498 was executed; (11) whether any of the grounds for revocation or 499 cancellation of a police officer certification under section 7-294d of the 500 general statutes should result in mandatory revocation by the Police 501 Officer Standards and Training Council, as opposed to discretionary 502 revocation; and (12) any other police officer and transparency and 503 accountability issue the task force deems appropriate.
504 (b) The task force shall consist of the following members:
505 (1) Two appointed by the speaker of the House of Representatives, 506 one of whom is an individual with a mental, intellectual or physical 507 disability;
508 (2) Two appointed by the president pro tempore of the Senate, one of 509 whom is a justice-impacted individual;
510 (3) One appointed by the majority leader of the House of 511 Representatives, who shall be a member of the Black and Puerto Rican 512 Caucus of the General Assembly;
513 (4) One appointed by the majority leader of the Senate, who shall be 514 a member of the Connecticut Police Chiefs Association;
515 (5) Two appointed by the minority leader of the House of 516 Representatives;
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517 (6) Two appointed by the minority leader of the Senate;
518 (7) The undersecretary of the Criminal Justice Policy and Planning 519 Division within the Office of Policy and Management, or the 520 undersecretary's designee, as a nonvoting member;
521 (8) The Commissioner [of the Department] of Emergency Services 522 and Public Protection, or the commissioner's designee, as a nonvoting 523 member; and
524 (9) The Chief State's Attorney, or the Chief State's Attorney designee, 525 as a nonvoting member.
526 (c) Any member of the task force appointed under subdivision (1), 527 (2), (3), (5) or (6) of subsection (b) of this section may be a member of the 528 General Assembly.
529 (d) All appointments to the task force shall be made not later than 530 thirty days after the effective date of this section. Any vacancy shall be 531 filled by the appointing authority.
532 (e) The speaker of the House of Representatives and the president pro 533 tempore of the Senate shall select the chairpersons of the task force from 534 among the members of the task force. Such chairpersons shall schedule 535 the first meeting of the task force, which shall be held not later than sixty 536 days after the effective date of this section.
537 (f) The administrative staff of the joint standing committees of the 538 General Assembly having cognizance of matters relating to the judiciary 539 and public safety shall serve as administrative staff of the task force.
540 (g) Not later than January 1, [2020] 2021, the task force shall submit a 541 preliminary report and not later than December 31, [2020] 2021, a final 542 report on its findings and any recommendations for legislation to the 543 joint standing committees of the General Assembly having cognizance 544 of matters relating to the judiciary and public safety, in accordance with 545 the provisions of section 11-4a of the general statutes. The task force
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546 shall terminate on the date that it submits such report or December 31, 547 [2020] 2021, whichever is later.
548 Sec. 13. Section 7-294b of the general statutes is repealed and the 549 following is substituted in lieu thereof (Effective from passage):
550 (a) There shall be a Police Officer Standards and Training Council 551 which shall be within the Department of Emergency Services and Public 552 Protection. [and which] Until December 31, 2020, the council shall 553 consist of the following members appointed by the Governor: (1) A chief 554 administrative officer of a town or city in Connecticut; (2) the chief 555 elected official or chief executive officer of a town or city in Connecticut 556 with a population under twelve thousand which does not have an 557 organized police department; (3) a member of the faculty of The 558 University of Connecticut; (4) eight members of the Connecticut Police 559 Chiefs Association who are holding office or employed as chief of police 560 or the highest ranking professional police officer of an organized police 561 department of a municipality within the state; (5) the Chief State's 562 Attorney; (6) a sworn municipal police officer whose rank is sergeant or 563 lower; and (7) five public members. [The Commissioner of Emergency 564 Services and Public Protection and the Federal Bureau of Investigation 565 special agent-in-charge in Connecticut or their designees shall be voting 566 ex-officio members of the council. Any nonpublic member of the council 567 shall immediately, upon the termination of such member's holding the 568 office or employment that qualified such member for appointment, 569 cease to be a member of the council. A member appointed to fill a 570 vacancy shall be appointed for the unexpired term of the member whom 571 such member is to succeed in the same manner as the original 572 appointment. The Governor shall appoint a chairperson and the council 573 shall appoint a vice-chairperson and a secretary from among the 574 members. The members of the council shall serve without compensation 575 but shall be entitled to actual expenses involved in the performance of 576 their duties.]
577 (b) On and after January 1, 2021, the council shall consist of the
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578 following members:
579 (1) The chief elected official or chief executive officer of a town or city 580 within the state with a population in excess of fifty thousand, appointed 581 by the Governor;
582 (2) The chief elected official or chief executive officer of a town or city 583 within the state with a population of fifty thousand or less, appointed 584 by the Governor;
585 (3) A member of the faculty of an institution of higher education in 586 the state who has a background in criminal justice studies, appointed by 587 the Governor;
588 (4) A member of the Connecticut Police Chiefs Association who is 589 holding office or employed as the chief of police, the deputy chief of 590 police or a senior ranking professional police officer of an organized 591 police department of a municipality within the state with a population 592 in excess of one hundred thousand, appointed by the Governor;
593 (5) A member of the Connecticut Police Chiefs Association who is 594 holding office or employed as chief of police or the highest ranking 595 professional police officer of an organized police department of a 596 municipality within the state with a population in excess of sixty 597 thousand but not exceeding one hundred thousand, appointed by the 598 Governor;
599 (6) A member of the Connecticut Police Chiefs Association who is 600 holding office or employed as chief of police or the highest ranking 601 professional police officer of an organized police department of a 602 municipality within the state with a population in excess of thirty-five 603 thousand but not exceeding sixty thousand, appointed by the Governor;
604 (7) A sworn municipal police officer from a municipality within the 605 state with a population exceeding fifty thousand, appointed by the 606 Governor;
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607 (8) A sworn municipal police officer from a municipality within the 608 state with a population not exceeding fifty thousand, appointed by the 609 Governor;
610 (9) The commanding officer of the Connecticut State Police Academy;
611 (10) A member of the public, who is a person with a physical 612 disability or an advocate on behalf of persons with physical disabilities, 613 appointed by the Governor;
614 (11) A victim of crime or the immediate family member of a deceased 615 victim of crime, appointed by the Governor;
616 (12) A medical professional, appointed by the Governor;
617 (13) The Chief State's Attorney;
618 (14) A member of the Connecticut Police Chiefs Association or the 619 person holding office or employed as chief of police or the highest 620 ranking professional police officer of an organized police department 621 within the state, appointed by the speaker of the House of 622 Representatives;
623 (15) A member of the Connecticut Police Chiefs Association or the 624 person holding office or employed as chief of police or the highest 625 ranking professional police officer of an organized police department 626 within the state, appointed by the president pro tempore of the Senate;
627 (16) A member of the Connecticut Police Chiefs Association who is 628 holding office or employed as chief of police or the highest ranking 629 professional police officer of an organized police department of a 630 municipality within the state with a population not exceeding thirty-five 631 thousand, appointed by the minority leader of the Senate;
632 (17) A member of the public who is a justice-impacted person, 633 appointed by the majority leader of the House of Representatives;
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634 (18) A member of the public who is a justice-impacted person, 635 appointed by the majority leader of the Senate; and
636 (19) A member of the public who is a person with a mental disability 637 or an advocate on behalf of persons with mental disabilities, appointed 638 by the minority leader of the House of Representatives.
639 (c) The Commissioner of Emergency Services and Public Protection 640 and the Federal Bureau of Investigation special agent-in-charge in 641 Connecticut or their designees shall be voting ex-officio members of the 642 council. Any member who fails to attend three consecutive meetings or 643 who fails to attend fifty per cent of all meetings held during any 644 calendar year shall be deemed to have resigned from the council. Any 645 nonpublic member of the council shall immediately, upon the 646 termination of such member's holding the office or employment that 647 qualified such member for appointment, cease to be a member of the 648 council. Any vacancy shall be filled by the appointing authority. A 649 member appointed to fill a vacancy shall be appointed for the unexpired 650 term of the member whom such member is to succeed in the same 651 manner as the original appointment. The Governor shall appoint a 652 chairperson and the council shall appoint a vice-chairperson and a 653 secretary from among the members.
654 [(b)] (d) Membership on the council shall not constitute holding a 655 public office. No member of the council shall be disqualified from 656 holding any public office or employment by reason of his appointment 657 to or membership on the council nor shall any member forfeit any such 658 office or employment by reason of his appointment to the council, 659 notwithstanding the provisions of any general statute, special act or 660 local law, ordinance or charter.
661 Sec. 14. (NEW) (Effective from passage) (a) Except as specified in the 662 model policy adopted and promulgated pursuant to the provisions of 663 subsection (b) of this section, on and after January 1, 2021, any police 664 officer, as defined in section 7-294a of the general statutes, who is
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665 authorized to make arrests or who is otherwise required to have daily 666 interactions with members of the public, shall be required to affix and 667 prominently display on the outer-most garment of such officer's 668 uniform the badge and name tag that has been issued to such officer by 669 the law enforcement unit, as defined in section 7-294a of the general 670 statutes, that employs such officer.
671 (b) Not later than December 31, 2020, the Commissioner of 672 Emergency Services and Public Protection and the Police Officer 673 Standards and Training Council shall jointly develop and promulgate a 674 model policy to implement the provisions of subsection (a) of this 675 section. Such model policy shall include, but not be limited to, the time, 676 place and manner for ensuring compliance with the provisions of 677 subsection (a) of this section. Such model policy may include specified 678 instances when compliance with the provisions of subsection (a) of this 679 section shall not be required due to public safety-related considerations 680 or other practical considerations, including, but not limited to, the 681 sensitive nature of a police investigation or a police officer's 682 involvement in an undercover assignment.
683 Sec. 15. Section 7-294a of the general statutes is repealed and the 684 following is substituted in lieu thereof (Effective from passage):
685 As used in this section, [and] sections 7-294b to 7-294e, inclusive, and 686 section 16 of this act:
687 (1) "Academy" means the Connecticut Police Academy;
688 (2) "Applicant" means a prospective police officer who has not 689 commenced employment or service with a law enforcement unit;
690 (3) "Basic training" means the minimum basic law enforcement 691 training received by a police officer at the academy or at any other 692 certified law enforcement training academy;
693 (4) "Certification" means the issuance by the Police Officer Standards
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694 and Training Council to a police officer, police training school or law 695 enforcement instructor of a signed instrument evidencing satisfaction of 696 the certification requirements imposed by section 7-294d, and signed by 697 the council;
698 (5) "Council" means the Police Officer Standards and Training 699 Council;
700 (6) "Governor" includes any person performing the functions of the 701 Governor by authority of the law of this state;
702 (7) "Review training" means training received after minimum basic 703 law enforcement training;
704 (8) "Law enforcement unit" means any agency [, organ] or department 705 of this state or a subdivision or municipality thereof, or, if created and 706 governed by a memorandum of agreement under section 47-65c, of the 707 Mashantucket Pequot Tribe or the Mohegan Tribe of Indians of 708 Connecticut, whose primary functions include the enforcement of 709 criminal or traffic laws, the preservation of public order, the protection 710 of life and property, or the prevention, detection or investigation of 711 crime;
712 (9) "Police officer" means a sworn member of an organized local 713 police department or of the Division of State Police within the 714 Department of Emergency Services and Public Protection, an appointed 715 constable who performs criminal law enforcement duties, a special 716 policeman appointed under section 29-18, 29-18a or 29-19 or any 717 member of a law enforcement unit who performs police duties;
718 (10) "Probationary candidate" means a police officer who, having 719 satisfied preemployment requirements, has commenced employment 720 with a law enforcement unit but who has not satisfied the training 721 requirements provided for in section 7-294d; and
722 (11) "School" means any school, college, university, academy or
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723 training program approved by the council which offers law enforcement 724 training and includes a combination of a course curriculum, instructors 725 and facilities.
726 Sec. 16. (NEW) (Effective from passage) (a) As used in this section: (1) 727 "Administrative head of each law enforcement unit" means the 728 Commissioner of Emergency Services and Public Protection, the board 729 of police commissioners, the chief of police, superintendent of police or 730 other authority having charge of a law enforcement unit; and (2) 731 "behavioral health assessment" means a behavioral health assessment of 732 a police officer conducted by a board-certified psychiatrist or 733 psychologist licensed pursuant to the provisions of chapter 383 of the 734 general statutes, who has experience diagnosing and treating post- 735 traumatic stress disorder.
736 (b) On and after January 1, 2021, the administrative head of each law 737 enforcement unit shall require each police officer employed by such law 738 enforcement unit to submit, as a condition of continued employment, to 739 a periodic behavioral health assessment. Each police officer employed 740 by a law enforcement unit shall submit to a periodic behavioral health 741 assessment not less than once every five years. In carrying out the 742 provisions of this section, the administrative head of each law 743 enforcement unit may stagger the scheduling of such behavioral health 744 assessments in a manner that results in approximately twenty per cent 745 of the total number of police officers in the law enforcement unit 746 receiving behavioral health assessments each year over a five-year 747 period. Notwithstanding the provisions of this subsection, the 748 administrative head of a law enforcement unit may waive the 749 requirement that a police officer submit to a periodic behavioral health 750 assessment when the police officer has submitted written notification of 751 his or her decision to retire from the law enforcement unit to such 752 administrative head, provided the effective date of such retirement is 753 not more than six months beyond the date on which such periodic 754 behavioral health assessment is scheduled to occur.
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755 (c) In addition to the behavioral health assessments required 756 pursuant to subsection (b) of this section, the administrative head of 757 each law enforcement unit may, for good cause shown, require a police 758 officer to submit to an additional behavioral health assessment. The 759 administrative head of a law enforcement unit requiring that a police 760 officer submit to an additional behavioral health assessment shall 761 provide the police officer with a written statement setting forth the good 762 faith basis for requiring the police officer to submit to an additional 763 behavioral health assessment. Upon receiving such written statement, 764 the police officer shall, not later than thirty days after the date of the 765 written request, submit to such behavioral health assessment.
766 (d) A law enforcement unit that hires any person as a police officer, 767 who was previously employed as a police officer by another law 768 enforcement unit or employed as a police officer in any other 769 jurisdiction, may require such new hire to submit to a behavioral health 770 assessment not later than six months after the date of hire. When 771 determining whether such new hire shall be required to submit to a 772 behavioral health assessment, the law enforcement unit shall give due 773 consideration to factors that include, but are not limited to, the date on 774 which such new hire most recently submitted to a behavioral health 775 assessment.
776 (e) Any person conducting a behavioral health assessment of a police 777 officer pursuant to the provisions of this section shall provide a written 778 copy of the results of such assessment to the police officer and to the 779 administrative head of the law enforcement unit employing the police 780 officer.
781 (f) The results of any behavioral health assessment conducted in 782 accordance with the provisions of this section and any record or note 783 maintained by a psychiatrist or psychologist in connection with the 784 conducting of such assessment shall not be subject to disclosure under 785 section 1-210 of the general statutes.
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786 Sec. 17. (NEW) (Effective from passage) (a) The legislative body of a 787 town may, by ordinance, establish a civilian police review board. The 788 ordinance shall, at a minimum, prescribe: (1) The scope of authority of 789 the civilian police review board; (2) the number of members of the 790 civilian police review board; (3) the process for the selection of board 791 members, whether elected or appointed; (4) the term of office for board 792 members; and (5) the procedure for filling any vacancy in the 793 membership of the civilian police review board.
794 (b) Any civilian police review board established pursuant to 795 subsection (a) of this section may be vested with the authority to: (1) 796 Issue subpoenas to compel the attendance of witnesses before such 797 board; and (2) require the production for examination of any books and 798 papers that such board deems relevant to any matter under 799 investigation or in question.
800 (c) The provisions of this section shall not be construed to affect the 801 operation of, or impose any limitation upon, a civilian police review 802 board established prior to the effective date of this section.
803 (d) Upon receipt of a written request from the Office of the Inspector 804 General, established pursuant to section 33 of this act, a civilian police 805 review board shall stay and take no further action in connection with 806 any proceeding that is the subject of an investigation or criminal 807 prosecution that is being conducted pursuant to said section or section 808 51-277a of the general statutes. Any stay of proceedings imposed 809 pursuant to this subsection shall not exceed six months from the date on 810 which the civilian police review board receives such written request 811 from the Office of the Inspector General, and such stay of proceedings 812 may be terminated sooner if the Office of the Inspector General provides 813 written notification to the civilian police review board that a stay of 814 proceedings is no longer required.
815 Sec. 18. (Effective from passage) Not later than six months after the 816 effective date of this section, the Department of Emergency Services and
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817 Public Protection and each municipal police department shall complete 818 an evaluation of the feasibility and potential impact of the use of social 819 workers by the department for the purpose of remotely responding to 820 calls for assistance, responding in person to such calls or accompanying 821 a police officer on calls where the experience and training of a social 822 worker could provide assistance. Such evaluation shall consider 823 whether responses to certain calls and community interactions could be 824 managed entirely by a social worker or benefit from the assistance of a 825 social worker. Municipal police departments shall additionally consider 826 whether the municipality that the police department serves would 827 benefit from employing, contracting with or otherwise engaging social 828 workers to assist the municipal police department. Municipal police 829 departments may consider the use of mobile crisis teams or 830 implementing a regional approach with other municipalities as part of 831 any process to engage or further engage social workers to assist 832 municipal police departments. The Commissioner of Emergency 833 Services and Public Protection and each municipal police department 834 shall submit such evaluation immediately upon completion to the Police 835 Officer Standards and Training Council established under section 7- 836 294b of the general statutes.
837 Sec. 19. Section 29-6d of the 2020 supplement to the general statutes 838 is repealed and the following is substituted in lieu thereof (Effective July 839 1, 2022):
840 (a) For purposes of this section and section 7-277b:
841 [(1) "Law enforcement agency" means the Division of State Police 842 within the Department of Emergency Services and Public Protection, the 843 special police forces established pursuant to section 10a-156b and any 844 municipal police department that supplies any of its sworn members 845 with body-worn recording equipment;]
846 (1) "Law enforcement unit" has the same meaning as "law 847 enforcement unit" in section 7-294a;
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848 (2) "Police officer" means a sworn member of a law enforcement 849 [agency who wears body-worn recording equipment] unit or any 850 member of a law enforcement unit who performs police duties;
851 (3) "Body-worn recording equipment" means an electronic recording 852 device that is capable of recording audio and video; [and]
853 (4) "Dashboard camera" means a dashboard camera with a remote 854 recorder, as defined in section 7-277b;
855 [(4)] (5) "Digital data storage device or service" means a device or 856 service that retains the data from the recordings made by body-worn 857 recording equipment using computer data storage; and
858 (6) "Police patrol vehicle" means any state or local police vehicle other 859 than an administrative vehicle in which an occupant is wearing body- 860 worn camera equipment, a bicycle, a motor scooter, an all-terrain 861 vehicle, an electric personal assistive mobility device, as defined in 862 subsection (a) of section 14-289h, or an animal control vehicle.
863 (b) The Commissioner of Emergency Services and Public Protection 864 and the Police Officer Standards and Training Council shall jointly 865 evaluate and approve the minimal technical specifications of body-worn 866 recording equipment that [may] shall be worn by police officers 867 pursuant to this section, dashboard cameras that shall be used in each 868 police patrol vehicle and digital data storage devices or services that 869 [may] shall be used by a law enforcement [agency] unit to retain the data 870 from the recordings made by such equipment. [Not later than January 871 1, 2016, the] The commissioner and council shall make such minimal 872 technical specifications available to each law enforcement [agency] unit 873 in a manner determined by the commissioner and council. The 874 commissioner and council may revise the minimal technical 875 specifications when the commissioner and council determine that 876 revisions to such specifications are necessary.
877 (c) (1) [On and after July 1, 2019, each sworn member of (A) the
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878 Division of State Police within the Department of Emergency Services 879 and Public Protection, (B) the special police forces established pursuant 880 to section 10a-156b, (C) any municipal police department for a 881 municipality that is a recipient of grant-in-aid as reimbursement for 882 body-worn recording equipment pursuant to subparagraph (A), (B) or 883 (D) of subdivision (1) of subsection (b) of section 7-277b or subdivision 884 (2) of said subsection (b), and (D) any municipal police department for 885 any other municipality that is a recipient of grant-in-aid as 886 reimbursement for body-worn recording equipment pursuant to 887 subparagraph (C) of subdivision (1) of said subsection (b) if such sworn 888 member is supplied with such body-worn recording equipment,] Each 889 police officer shall use body-worn recording equipment while 890 interacting with the public in such sworn member's law enforcement 891 capacity, except as provided in subsection (g) of this section, or in the 892 case of a municipal police department, in accordance with the 893 department's policy [, if] adopted by the department and based on 894 guidelines maintained pursuant to subsection (j) of this section, 895 concerning the use of body-worn recording equipment.
896 [(2) Any sworn member of a municipal police department, other than 897 those described in subdivision (1) of this subsection, may use body- 898 worn recording equipment as directed by such department, provided 899 the use of such equipment and treatment of data created by such 900 equipment shall be in accordance with the provisions of subdivisions (3) 901 and (4) of this subsection, and subsections (d) to (j), inclusive, of this 902 section.]
903 [(3)] (2) Each police officer shall wear body-worn recording 904 equipment on such officer's outer-most garment and shall position such 905 equipment above the midline of such officer's torso when using such 906 equipment.
907 [(4)] (3) Body-worn recording equipment used pursuant to this 908 section shall conform to the minimal technical specifications approved 909 pursuant to subsection (b) of this section, except that a police officer may
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910 use body-worn recording equipment that does not conform to the 911 minimal technical specifications approved pursuant to subsection (b) of 912 this section, if such equipment was purchased prior to January 1, 2016, 913 by the law enforcement [agency] unit employing such officer.
914 (4) Each law enforcement unit shall require usage of a dashboard 915 camera in each police patrol vehicle used by any police officer employed 916 by such unit in accordance with the unit's policy adopted by the unit 917 and based on guidelines maintained pursuant to subsection (j) of this 918 section, concerning dashboard cameras.
919 (d) Except as required by state or federal law, no person employed by 920 a law enforcement [agency] unit shall edit, erase, copy, share or 921 otherwise alter or distribute in any manner any recording made by 922 body-worn recording equipment or a dashboard camera or the data 923 from such recording.
924 (e) A police officer may review a recording from his or her body-worn 925 recording equipment or a dashboard camera in order to assist such 926 officer with the preparation of a report or otherwise in the performance 927 of his or her duties.
928 (f) If a police officer is giving a formal statement about the use of force 929 or if a police officer is the subject of a disciplinary investigation in which 930 a recording from body-worn recording equipment or a dashboard 931 camera [with a remote recorder, as defined in subsection (c) of section 932 7-277b,] is being considered as part of a review of an incident, the officer 933 shall (1) have the right to review such recording in the presence of the 934 officer's attorney or labor representative, and (2) have the right to review 935 recordings from other body-worn recording equipment capturing the 936 officer's image or voice during the incident. Not later than forty-eight 937 hours following an officer's review of a recording under subdivision (1) 938 of this subsection, or if the officer does not review the recording, not 939 later than ninety-six hours following the recorded incident, whichever 940 is earlier, such recording shall be disclosed, upon request, to the public,
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941 subject to the provisions of subsection (g) of this section.
942 (g) (1) Except as otherwise provided by any agreement between a law 943 enforcement [agency] unit and the federal government, no police officer 944 shall use body-worn recording equipment or a dashboard camera, if 945 applicable, to intentionally record (A) a communication with other law 946 enforcement [agency] unit personnel, except that which may be 947 recorded as the officer performs his or her duties, (B) an encounter with 948 an undercover officer or informant or an officer performing detective 949 work described in guidelines developed pursuant to subsection (j) of 950 this section, (C) when an officer is on break or is otherwise engaged in a 951 personal activity, (D) a person undergoing a medical or psychological 952 evaluation, procedure or treatment, (E) any person other than a suspect 953 to a crime if an officer is wearing such equipment in a hospital or other 954 medical facility setting, or (F) in a mental health facility, unless 955 responding to a call involving a suspect to a crime who is thought to be 956 present in the facility.
957 (2) No record created using body-worn recording equipment or a 958 dashboard camera of (A) an occurrence or situation described in 959 subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 960 (B) a scene of an incident that involves (i) a victim of domestic or sexual 961 abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 962 accident, if disclosure could reasonably be expected to constitute an 963 unwarranted invasion of personal privacy in the case of any such victim 964 described in this subparagraph, or (C) a minor, shall be subject to 965 disclosure under the Freedom of Information Act, as defined in section 966 1-200, and any such record shall be confidential, except that a record of 967 a minor shall be disclosed if (i) the minor and the parent or guardian of 968 such minor consent to the disclosure of such record, (ii) a police officer 969 is the subject of an allegation of misconduct made by such minor or the 970 parent or guardian of such minor, and the person representing such 971 officer in an investigation of such alleged misconduct requests 972 disclosure of such record for the sole purpose of preparing a defense to 973 such allegation, or (iii) a person is charged with a crime and defense
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974 counsel for such person requests disclosure of such record for the sole 975 purpose of assisting in such person's defense and the discovery of such 976 record as evidence is otherwise discoverable.
977 (h) No police officer shall use body-worn recording equipment prior 978 to being trained in accordance with section 7-294s in the use of such 979 equipment and in the retention of data created by such equipment. [, 980 except that any police officer using such equipment prior to October 1, 981 2015, may continue to use such equipment prior to such training.] A law 982 enforcement [agency] unit shall ensure that each police officer such 983 [agency] unit employs receives such training at least annually and is 984 trained on the proper care and maintenance of such equipment.
985 (i) If a police officer is aware that any body-worn recording 986 equipment or dashboard camera is lost, damaged or malfunctioning, 987 such officer shall inform such officer's supervisor in writing as soon as 988 is practicable. Upon receiving such information, the supervisor shall 989 ensure that the body-worn recording equipment or dashboard camera 990 is inspected and repaired or replaced, as necessary. Each police officer 991 shall inspect and test body-worn recording equipment prior to each shift 992 to verify proper functioning, and shall notify such officer's supervisor 993 of any problems with such equipment.
994 (j) The Commissioner of Emergency Services and Public Protection 995 and the Police Officer Standards and Training Council shall jointly 996 maintain guidelines pertaining to the use of body-worn recording 997 equipment and dashboard cameras, including the type of detective 998 work an officer might engage in that should not be recorded, retention 999 of data created by such equipment and dashboard cameras and methods 1000 for safe and secure storage of such data. The guidelines shall not require 1001 a law enforcement unit to store such data for a period longer than one 1002 year, except in the case where the unit knows the data is pertinent to any 1003 ongoing civil, criminal or administrative matter. Each law enforcement 1004 [agency] unit and any police officer and any other employee of such 1005 [agency] unit who may have access to such data shall adhere to such
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1006 guidelines. The commissioner and council may update and reissue such 1007 guidelines, as the commissioner and council determine necessary. The 1008 commissioner and council shall, upon issuance of such guidelines or any 1009 update to such guidelines, submit such guidelines in accordance with 1010 the provisions of section 11-4a to the joint standing committees of the 1011 General Assembly having cognizance of matters relating to the judiciary 1012 and public safety.
1013 Sec. 20. (NEW) (Effective from passage) (a) The Office of Policy and 1014 Management shall, within available resources, administer a grant 1015 program to provide a grant-in-aid to any municipality approved for 1016 such a grant-in-aid by the office, for the costs associated with (1) the 1017 purchase of body-worn recording equipment for use by the sworn 1018 members of such municipality's police department or for use by 1019 constables, police officers or other persons who perform criminal law 1020 enforcement duties under the supervision of a resident state trooper 1021 serving such municipality, and digital data storage devices or services, 1022 provided such equipment, device or service conforms to the minimal 1023 technical specifications approved pursuant to subsection (b) of section 1024 29-6d of the general statutes, and (2) a first-time purchase by such 1025 municipality of one or more dashboard cameras with a remote recorder 1026 or the replacement by such municipality of one or more dashboard 1027 cameras purchased prior to December 31, 2010, with one or more 1028 dashboard cameras with a remote recorder, provided such dashboard 1029 cameras with a remote recorder conform to the minimal technical 1030 specifications approved pursuant to subsection (b) of section 29-6d of 1031 the general statutes.
1032 (b) Any municipality may apply for a grant-in-aid pursuant to this 1033 section to the Secretary of the Office of Policy and Management on such 1034 form and in such manner as prescribed by the secretary, who may 1035 further prescribe additional technical or procurement requirements as a 1036 condition of receiving such grant-in-aid.
1037 (c) The Office of Policy and Management shall distribute grants-in-
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1038 aid pursuant to this section during the fiscal years ending June 30, 2021, 1039 and June 30, 2022. Any such grant-in-aid shall be for up to fifty per cent 1040 of the cost of such purchase of body-worn recording equipment, digital 1041 data storage devices or services or dashboard cameras with a remote 1042 recorder if the municipality is a distressed municipality, as defined in 1043 section 32-9p of the general statutes, or up to thirty per cent of the cost 1044 of such purchase if the municipality is not a distressed municipality, 1045 provided the costs of such digital data storage services covered by a 1046 grant-in-aid shall not be for a period of service that is longer than one 1047 year.
1048 (d) For the purposes of this section, (1) "body-worn recording 1049 equipment" means an electronic recording device that is capable of 1050 recording audio and video; (2) "dashboard camera with a remote 1051 recorder" means a camera that affixes to a dashboard or windshield of a 1052 police vehicle that electronically records video of the view through the 1053 vehicle's windshield and has an electronic audio recorder that may be 1054 operated remotely; and (3) "digital data storage device or service" means 1055 a device or service that retains the data from the recordings made by 1056 body-worn recording equipment using computer data storage.
1057 Sec. 21. (NEW) (Effective October 1, 2020) (a) (1) No law enforcement 1058 official may ask an operator of a motor vehicle to conduct a search of a 1059 motor vehicle or the contents of the motor vehicle that is stopped by a 1060 law enforcement official solely for a motor vehicle violation.
1061 (2) Any search by a law enforcement official of a motor vehicle or the 1062 contents of the motor vehicle that is stopped by a law enforcement 1063 official solely for a motor vehicle violation shall be (A) based on 1064 probable cause, or (B) after having received the unsolicited consent to 1065 such search from the operator of the motor vehicle in written form or 1066 recorded by body-worn recording equipment or a dashboard camera, 1067 each as defined in section 29-6d of the general statutes.
1068 (b) No law enforcement official may ask an operator of a motor
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1069 vehicle to provide any documentation or identification other than an 1070 operator's license, motor vehicle registration, insurance identity card or 1071 other documentation or identification directly related to the stop, when 1072 the motor vehicle has been stopped solely for a motor vehicle violation, 1073 unless there exists probable cause to believe that a felony or 1074 misdemeanor offense has been committed or the operator has failed to 1075 produce a valid operator's license.
1076 Sec. 22. Section 54-33b of the general statutes is repealed and the 1077 following is substituted in lieu thereof (Effective October 1, 2020):
1078 [The officer serving a search warrant may, if such officer] (a) The 1079 consent of a person given to a law enforcement official to conduct a 1080 search of such person shall not, absent the existence of probable cause, 1081 constitute justification for such law enforcement official to conduct such 1082 search.
1083 (b) A law enforcement official serving a search warrant may, if such 1084 official has reason to believe that any of the property described in the 1085 warrant is concealed in the garments of any person in or upon the place 1086 or thing to be searched, search the person for the purpose of seizing the 1087 same. When the person to be searched is a woman, the search shall be 1088 made by a [policewoman] female law enforcement official or other 1089 woman assisting in the service of the warrant, or by a woman 1090 designated by the judge or judge trial referee issuing the warrant.
1091 Sec. 23. (Effective from passage) The Chief State's Attorney shall, in 1092 consultation with the Chief Court Administrator, prepare a plan to have 1093 a prosecutorial official review each charge in any criminal case before 1094 the case is docketed. Not later than January 1, 2021, the Chief State's 1095 Attorney shall submit such plan to the Office of Policy and Management 1096 and, in accordance with the provisions of section 11-4a of the general 1097 statutes, to the joint standing committee of the General Assembly 1098 having cognizance of matters relating to the judiciary.
1099 Sec. 24. Section 53a-180 of the general statutes is repealed and the
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1100 following is substituted in lieu thereof (Effective October 1, 2020):
1101 (a) A person is guilty of falsely reporting an incident in the first 1102 degree when, knowing the information reported, conveyed or 1103 circulated to be false or baseless, such person: (1) Initiates or circulates 1104 a false report or warning of an alleged occurrence or impending 1105 occurrence of a fire, explosion, catastrophe or emergency under 1106 circumstances in which it is likely that public alarm or inconvenience 1107 will result; (2) reports, by word or action, to any official or quasi-official 1108 agency or organization having the function of dealing with emergencies 1109 involving danger to life or property, an alleged occurrence or 1110 impending occurrence of a fire, explosion or other catastrophe or 1111 emergency which did not in fact occur or does not in fact exist; [or] (3) 1112 violates subdivision (1) or (2) of this subsection with intent to cause a 1113 large scale emergency response; or (4) violates subdivision (1), (2) or (3) 1114 of this subsection with specific intent to falsely report another person or 1115 group of persons because of the actual or perceived race, religion, 1116 ethnicity, disability, sex, sexual orientation or gender identity or 1117 expression of such other person or group of persons. For purposes of 1118 this section, "large scale emergency response" means an on-site response 1119 to any such reported incident by five or more first responders, and "first 1120 responder" means any peace officer or firefighter or any ambulance 1121 driver, emergency medical responder, emergency medical technician or 1122 paramedic, as those terms are defined in section 19a-175.
1123 (b) Falsely reporting an incident in the first degree is a (1) class D 1124 felony for a violation of subdivision (1), (2) or (3) of subsection (a) of this 1125 section, or (2) class C felony for a violation of subdivision (4) of 1126 subsection (a) of this section.
1127 (c) In addition to any sentence imposed pursuant to subsection (b) of 1128 this section, if (1) a person is convicted of an offense in violation of 1129 subdivision (3) of subsection (a) of this section that resulted in a large 1130 scale emergency response, (2) any agency or department of the state or 1131 political subdivision of the state requests financial restitution for costs
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1132 associated with such emergency response, and (3) the court finds that 1133 the agency or department of the state or political subdivision of the state 1134 incurred costs associated with such emergency response as a result of 1135 such offense, the court shall order the offender to make financial 1136 restitution under terms that the court determines are appropriate. In 1137 determining the appropriate terms of financial restitution, the court 1138 shall consider: (A) The financial resources of the offender and the 1139 burden restitution will place on other obligations of the offender; (B) the 1140 offender's ability to pay based on installments or other conditions; (C) 1141 the rehabilitative effect on the offender of the payment of restitution and 1142 the method of payment; and (D) other circumstances, including the 1143 financial burden and impact on the agency or department of the state or 1144 political subdivision of the state, that the court determines make the 1145 terms of restitution appropriate. If the court determines that the current 1146 financial resources of the offender or the offender's current ability to pay 1147 based on installments or other conditions are such that no appropriate 1148 terms of restitution can be determined, the court may forego setting 1149 such terms. The court shall articulate its findings on the record with 1150 respect to each of the factors set forth in subparagraphs (A) to (D), 1151 inclusive, of this subsection. Restitution ordered by the court pursuant 1152 to this subsection shall be based on easily ascertainable damages for 1153 actual expenses associated with such emergency response. Restitution 1154 ordered by the court pursuant to this subsection shall be imposed or 1155 directed by a written order of the court containing the amount of actual 1156 expenses associated with such emergency response, as ascertained by 1157 the court. The order of the court shall direct that a certified copy of the 1158 order be delivered by certified mail to the agency or department of the 1159 state or political subdivision of the state. Such order is enforceable in the 1160 same manner as an order pursuant to subsection (c) of section 53a-28.
1161 Sec. 25. Section 53a-180a of the general statutes is repealed and the 1162 following is substituted in lieu thereof (Effective October 1, 2020):
1163 (a) A person is guilty of falsely reporting an incident resulting in 1164 serious physical injury or death when such person commits the crime of
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1165 (1) falsely reporting an incident in the first degree as provided in 1166 subdivision (1), (2) or (3) of subsection (a) of section 53a-180, [or] (2) 1167 falsely reporting an incident in the second degree as provided in 1168 subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (3) 1169 falsely reporting an incident in the first degree as provided in 1170 subdivision (4) of subsection (a) of section 53a-180 or falsely reporting 1171 an incident in the second degree as provided in subdivision (4) of 1172 subsection (a) of section 53a-180c, and such false report described in 1173 subdivision (1), (2) or (3) of this subsection results in the serious physical 1174 injury or death of another person.
1175 (b) Falsely reporting an incident resulting in serious physical injury 1176 or death is a (1) class C felony for a violation of subdivision (1) or (2) of 1177 subsection (a) of this section, or (2) class B felony for a violation of 1178 subdivision (3) of subsection (a) of this section.
1179 Sec. 26. Section 53a-180b of the general statutes is repealed and the 1180 following is substituted in lieu thereof (Effective October 1, 2020):
1181 (a) A person is guilty of falsely reporting an incident concerning 1182 serious physical injury or death when such person commits the crime of 1183 falsely reporting an incident in the second degree as provided in (1) 1184 subdivision (1), (2) or (3) of subsection (a) of section 53a-180c, or (2) 1185 subdivision (4) of subsection (a) of section 53a-180c, and such false 1186 report described in subdivision (1) or (2) of this subsection is of the 1187 alleged occurrence or impending occurrence of the serious physical 1188 injury or death of another person.
1189 (b) Falsely reporting an incident concerning serious physical injury 1190 or death is a (1) class D felony for a violation of subdivision (1) of 1191 subsection (a) of this section, or (2) class C felony for a violation of 1192 subdivision (2) of subsection (a) of this section.
1193 Sec. 27. Section 53a-180c of the general statutes is repealed and the 1194 following is substituted in lieu thereof (Effective October 1, 2020):
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1195 (a) A person is guilty of falsely reporting an incident in the second 1196 degree when, knowing the information reported, conveyed or 1197 circulated to be false or baseless, such person gratuitously reports to a 1198 law enforcement officer or agency (1) the alleged occurrence of an 1199 offense or incident which did not in fact occur, (2) an allegedly 1200 impending occurrence of an offense or incident which in fact is not 1201 about to occur, [or] (3) false information relating to an actual offense or 1202 incident or to the alleged implication of some person therein, or (4) 1203 violates subdivision (1), (2) or (3) of this subsection with specific intent 1204 to falsely report another person or group of persons because of the 1205 actual or perceived race, religion, ethnicity, disability, sex, sexual 1206 orientation or gender identity or expression of such other person or 1207 group of persons.
1208 (b) Falsely reporting an incident in the second degree is a (1) class A 1209 misdemeanor for a violation of subdivision (1), (2) or (3) of subsection 1210 (a) of this section, or (2) class E felony for a violation of subdivision (4) 1211 of subsection (a) of this section.
1212 Sec. 28. Section 53a-180d of the general statutes is repealed and the 1213 following is substituted in lieu thereof (Effective October 1, 2020):
1214 (a) A person is guilty of misuse of the emergency 9-1-1 system when 1215 such person (1) dials or otherwise causes E 9-1-1 to be called for the 1216 purpose of making a false alarm or complaint, [or] (2) purposely reports 1217 false information which could result in the dispatch of emergency 1218 services, or (3) violates subdivision (1) or (2) of this subsection with 1219 specific intent to make a false alarm or complaint or report false 1220 information about another person or group of persons because of the 1221 actual or perceived race, religion, ethnicity, disability, sex, sexual 1222 orientation or gender identity or expression of such other person or 1223 group of persons.
1224 (b) Misuse of the emergency 9-1-1 system is a (1) class B misdemeanor 1225 for a violation of subdivision (1) or (2) of subsection (a) of this section,
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1226 or (2) class A misdemeanor for a violation of subdivision (3) of 1227 subsection (a) of this section.
1228 Sec. 29. Section 53a-22 of the 2020 supplement to the general statutes 1229 is repealed and the following is substituted in lieu thereof (Effective April 1230 1, 2021):
1231 (a) (1) For purposes of this section, a reasonable belief that a person 1232 has committed an offense means a reasonable belief in facts or 1233 circumstances which if true would in law constitute an offense. If the 1234 believed facts or circumstances would not in law constitute an offense, 1235 an erroneous though not unreasonable belief that the law is otherwise 1236 does not render justifiable the use of physical force to make an arrest or 1237 to prevent an escape from custody.
1238 (2) A peace officer, special policeman appointed under section 29-18b 1239 or authorized official of the Department of Correction or the Board of 1240 Pardons and Paroles who is effecting an arrest pursuant to a warrant or 1241 preventing an escape from custody is justified in using the physical 1242 force prescribed in subsections (b), (c) and [(c)] (d) of this section unless 1243 such warrant is invalid and is known by such officer to be invalid.
1244 (b) Except as provided in subsection (a) or (d) of this section, a peace 1245 officer, special policeman appointed under section 29-18b or authorized 1246 official of the Department of Correction or the Board of Pardons and 1247 Paroles is justified in using physical force upon another person when 1248 and to the extent that he or she reasonably believes such use to be 1249 necessary to: (1) Effect an arrest or prevent the escape from custody of a 1250 person whom he or she reasonably believes to have committed an 1251 offense, unless he or she knows that the arrest or custody is 1252 unauthorized; or (2) defend himself or herself or a third person from the 1253 use or imminent use of physical force while effecting or attempting to 1254 effect an arrest or while preventing or attempting to prevent an escape.
1255 (c) [A] (1) Except as provided in subsection (d) of this section, a peace 1256 officer, special policeman appointed under section 29-18b or authorized
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1257 official of the Department of Correction or the Board of Pardons and 1258 Paroles is justified in using deadly physical force upon another person 1259 for the purposes specified in subsection (b) of this section only when 1260 [he] his or her actions are objectively reasonable under the 1261 circumstances, and:
1262 (A) He or she reasonably believes such use to be necessary to [: (1) 1263 Defend] defend himself or herself or a third person from the use or 1264 imminent use of deadly physical force; or [(2) (A)]
1265 (B) He or she (i) has exhausted the reasonable alternatives to the use 1266 of deadly physical force, (ii) reasonably believes that the force employed 1267 creates no substantial risk of injury to a third party, and (iii) reasonably 1268 believes such use of force to be necessary to (I) effect an arrest of a person 1269 whom he or she reasonably believes has committed or attempted to 1270 commit a felony which involved the infliction [or threatened infliction] 1271 of serious physical injury, or [(B)] (II) prevent the escape from custody 1272 of a person whom he or she reasonably believes has committed a felony 1273 which involved the infliction [or threatened infliction] of serious 1274 physical injury and if, where feasible under this subdivision, he or she 1275 has given warning of his or her intent to use deadly physical force.
1276 (2) For purposes of evaluating whether actions of a peace officer, 1277 special policeman appointed under section 29-18b or authorized official 1278 of the Department of Correction or the Board of Pardons and Paroles are 1279 reasonable under subdivision (1) of this subsection, factors to be 1280 considered include, but are not limited to, whether (A) the person upon 1281 whom deadly physical force was used possessed or appeared to possess 1282 a deadly weapon, (B) the peace officer, special policeman appointed 1283 under section 29-18b or authorized official of the Department of 1284 Correction or the Board of Pardons and Paroles engaged in reasonable 1285 deescalation measures prior to using deadly physical force, and (C) any 1286 conduct of the peace officer, special policeman appointed under section 1287 29-18b or authorized official of the Department of Correction or the 1288 Board of Pardons and Paroles led to an increased risk of an occurrence
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1289 of the situation that precipitated the use of such force.
1290 (d) A peace officer, special policeman appointed under section 29-18b 1291 or authorized official of the Department of Correction or the Board of 1292 Pardons and Paroles is justified in using a chokehold or other method 1293 of restraint applied to the neck area or that otherwise impedes the ability 1294 to breathe or restricts blood circulation to the brain of another person 1295 for the purposes specified in subsection (b) of this section only when he 1296 or she reasonably believes such use to be necessary to defend himself or 1297 herself from the use or imminent use of deadly physical force.
1298 [(d)] (e) Except as provided in subsection [(e)] (f) of this section, a 1299 person who has been directed by a peace officer, special policeman 1300 appointed under section 29-18b or authorized official of the Department 1301 of Correction or the Board of Pardons and Paroles to assist such peace 1302 officer, special policeman or official to effect an arrest or to prevent an 1303 escape from custody is justified in using reasonable physical force when 1304 and to the extent that he or she reasonably believes such to be necessary 1305 to carry out such peace officer's, special policeman's or official's 1306 direction.
1307 [(e)] (f) A person who has been directed to assist a peace officer, 1308 special policeman appointed under section 29-18b or authorized official 1309 of the Department of Correction or the Board of Pardons and Paroles 1310 under circumstances specified in subsection [(d)] (e) of this section may 1311 use deadly physical force to effect an arrest or to prevent an escape from 1312 custody only when: (1) He or she reasonably believes such use to be 1313 necessary to defend himself or herself or a third person from what he or 1314 she reasonably believes to be the use or imminent use of deadly physical 1315 force; or (2) he or she is directed or authorized by such peace officer, 1316 special policeman or official to use deadly physical force, unless he or 1317 she knows that the peace officer, special policeman or official himself or 1318 herself is not authorized to use deadly physical force under the 1319 circumstances.
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1320 [(f)] (g) A private person acting on his or her own account is justified 1321 in using reasonable physical force upon another person when and to the 1322 extent that he or she reasonably believes such use to be necessary to 1323 effect an arrest or to prevent the escape from custody of an arrested 1324 person whom he or she reasonably believes to have committed an 1325 offense and who in fact has committed such offense; but he or she is not 1326 justified in using deadly physical force in such circumstances, except in 1327 defense of person as prescribed in section 53a-19.
1328 Sec. 30. Section 7-282e of the 2020 supplement to the general statutes 1329 is repealed and the following is substituted in lieu thereof (Effective 1330 October 1, 2020):
1331 (a) (1) Any police officer, as defined in section 7-294a, who while 1332 acting in such officer's law enforcement capacity, witnesses another 1333 police officer use what the witnessing officer objectively knows to be 1334 unreasonable, excessive or illegal use of force, shall intervene and 1335 attempt to stop such other police officer from using such force. Any such 1336 police officer who fails to intervene in such an incident may be 1337 prosecuted and punished for the same acts in accordance with the 1338 provisions of section 53a-8 as the police officer who used unreasonable, 1339 excessive or illegal force. The provisions of this subdivision do not apply 1340 to any witnessing officer who is operating in an undercover capacity at 1341 the time he or she witnesses another officer use unreasonable, excessive 1342 or illegal force.
1343 (2) Any police officer who witnesses another police officer use what 1344 the witnessing officer objectively knows to be unreasonable, excessive 1345 or illegal use of force or is otherwise aware of such use of force by 1346 another police officer shall report, as soon as is practicable, such use of 1347 force to the law enforcement unit, as defined in section 7-294a, that 1348 employs the police officer who used such force. Any police officer 1349 required to report such an incident who fails to do so may be prosecuted 1350 and punished in accordance with the provisions of sections 53a-165 to 1351 53a-167, inclusive.
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1352 (3) No law enforcement unit employing a police officer who 1353 intervenes in an incident pursuant to subdivision (1) of this subsection 1354 or reports an incident pursuant to subdivision (2) of this subsection may 1355 take any retaliatory personnel action or discriminate against such officer 1356 because such police officer made such report and such intervening or 1357 reporting police officer shall be protected by the provisions of section 4- 1358 61dd or section 31-51m, as applicable.
1359 [(a)] (b) Each law enforcement unit [, as defined in section 7-294a,] 1360 shall create and maintain a record detailing any incident (1) reported 1361 pursuant to subdivision (2) of subsection (a) of this section, or (2) 1362 otherwise made known to the law enforcement unit during which a 1363 police officer [, as defined in section 7-294a, (1)] (A) uses physical force 1364 that is likely to cause serious physical injury, as defined in section 53a- 1365 3, to another person or the death of another person, including, but not 1366 limited to, (i) striking another person with an open or closed hand, 1367 elbow, knee, club or baton, kicking another person, or using pepper 1368 spray, [or an electroshock] an electronic defense weapon, as defined in 1369 section 53a-3, or less lethal projectile on another person, [or] (ii) using a 1370 chokehold or other method of restraint applied to the neck area or that 1371 otherwise impedes the ability to breathe or restricts blood circulation to 1372 the brain of another person, [(2)] or (iii) using any other form of physical 1373 force designated by the Police Officer Standards and Training Council, 1374 (B) discharges a firearm, except during a training exercise or in the 1375 course of dispatching an animal, or [(3)] (C) engages in a pursuit, as 1376 defined in subsection (a) of section 14-283a. Such record shall include, 1377 but not be limited to: The name of the police officer, the time and place 1378 of the incident, a description of what occurred during the incident and, 1379 to the extent known, the names of the victims and witnesses present at 1380 such incident.
1381 [(b)] (c) Not later than February 1, [2020] 2021, and annually 1382 thereafter, each law enforcement unit shall prepare and submit a report 1383 concerning incidents described in subsection [(a)] (b) of this section 1384 during the preceding calendar year to the Criminal Justice Policy and
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1385 Planning Division within the Office of Policy and Management. Such 1386 report shall include [(1) the records described in subsection (a) of this 1387 section, (2) summarized data compiled from such records, and (3)] the 1388 records described in subsection (b) of this section and shall be submitted 1389 electronically using a standardized method and form disseminated 1390 jointly by the Criminal Justice Policy and Planning Division within the 1391 Office of Policy and Management and the Police Officer Standards and 1392 Training Council. The standardized method and form shall allow 1393 compilation of statistics on each use of force incident, including, but not 1394 limited to, [(A)] (1) the race and gender of such person upon whom force 1395 was used, provided the identification of such characteristics shall be 1396 based on the observation and perception of the police officer, [(B)] (2) 1397 the number of times force was used on such person, and [(C)] (3) any 1398 injury suffered by such person against whom force was used. The 1399 Criminal Justice Policy and Planning Division within the Office of Policy 1400 Management and the Police Officer Standards and Training Council 1401 may revise the standardized method and form and disseminate such 1402 revisions to law enforcement units. Each law enforcement unit shall, 1403 prior to submission of any such report pursuant to this subsection, 1404 redact any information from such report that may identify a minor, 1405 witness or victim.
1406 (d) The Office of Policy and Management shall, within available 1407 appropriations, review the use of force incidents reported pursuant to 1408 this section. Not later than December 1, 2021, and annually thereafter, 1409 the office shall report, in accordance with the provisions of section 11- 1410 4a, the results of any such review, including any recommendations, to 1411 the Governor, the chairpersons and ranking members of the joint 1412 standing committees of the General Assembly having cognizance of 1413 matters relating to the judiciary and public safety.
1414 Sec. 31. Subsection (c) of section 29-161h of the general statutes is 1415 repealed and the following is substituted in lieu thereof (Effective October 1416 1, 2020):
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1417 (c) No license shall be issued to any person who has been (1) 1418 convicted of any felony, (2) convicted of any misdemeanor under 1419 section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 1420 53a-176, 53a-178 or 53a-181d, or equivalent conviction in another 1421 jurisdiction, within the past seven years, (3) convicted of any offense 1422 involving moral turpitude, [or] (4) discharged from military service 1423 under conditions that demonstrate questionable moral character, or (5) 1424 decertified as a police officer or otherwise had his or her certification 1425 canceled, revoked or refused renewal pursuant to subsection (c) of 1426 section 7-294d.
1427 Sec. 32. Section 29-161q of the general statutes is repealed and the 1428 following is substituted in lieu thereof (Effective October 1, 2020):
1429 (a) Any security service or business may employ as many security 1430 officers as such security service or business deems necessary for the 1431 conduct of the business, provided such security officers are of good 1432 moral character and at least eighteen years of age.
1433 (b) No person hired or otherwise engaged to perform work as a 1434 security officer, as defined in section 29-152u, shall perform the duties 1435 of a security officer prior to being licensed as a security officer by the 1436 Commissioner of Emergency Services and Public Protection, except as 1437 provided in subsection (h) of this section. Each applicant for a license 1438 shall complete a minimum of eight hours training in the following areas: 1439 Basic first aid, search and seizure laws and regulations, use of force, 1440 basic criminal justice and public safety issues. The commissioner shall 1441 waive such training for any person who, while serving in the armed 1442 forces or the National Guard, or if such person is a veteran, within two 1443 years of such person's discharge from the armed forces, presents proof 1444 that such person has completed military training that is equivalent to 1445 the training required by this subsection, and, if applicable, such person's 1446 military discharge document or a certified copy thereof. For the 1447 purposes of this subsection, "veteran" means any person who was 1448 discharged or released under conditions other than dishonorable from
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1449 active service in the armed forces, "armed forces" has the same meaning 1450 as provided in section 27-103, and "military discharge document" has 1451 the same meaning as provided in section 1-219. The training shall be 1452 approved by the commissioner in accordance with regulations adopted 1453 pursuant to section 29-161x. The commissioner may not grant a license 1454 to any person who has been decertified as a police officer or otherwise 1455 had his or her certification canceled, revoked or refused renewal 1456 pursuant to subsection (c) of section 7-294d.
1457 (1) On and after October 1, 2008, no person or employee of an 1458 association, corporation or partnership shall conduct such training 1459 without the approval of the commissioner except as provided in 1460 subdivision (2) of this subsection. Application for such approval shall 1461 be submitted on forms prescribed by the commissioner and 1462 accompanied by a fee of forty dollars. Such application shall be made 1463 under oath and shall contain the applicant's name, address, date and 1464 place of birth, employment for the previous five years, education or 1465 training in the subjects required to be taught under this subsection, any 1466 convictions for violations of the law and such other information as the 1467 commissioner may require by regulation adopted pursuant to section 1468 29-161x to properly investigate the character, competency and integrity 1469 of the applicant. No person shall be approved as an instructor for such 1470 training who has been convicted of a felony, a sexual offense or a crime 1471 of moral turpitude or who has been denied approval as a security 1472 service licensee, a security officer or instructor in the security industry 1473 by any licensing authority, or whose approval has been revoked or 1474 suspended. The term for such approval shall not exceed two years. Not 1475 later than two business days after a change of address, any person 1476 approved as an instructor in accordance with this section shall notify the 1477 commissioner of such change and such notification shall include both 1478 the old and new addresses.
1479 (2) If a security officer training course described in this subsection is 1480 approved by the commissioner on or before September 30, 2008, the 1481 instructor of such course shall have until April 1, 2009, to apply for
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1482 approval as an instructor in accordance with subdivision (1) of this 1483 subsection.
1484 (3) Each person approved as an instructor in accordance with this 1485 section may apply for the renewal of such approval on a form approved 1486 by the commissioner, accompanied by a fee of forty dollars. Such form 1487 may require the disclosure of any information necessary for the 1488 commissioner to determine whether the instructor's suitability to serve 1489 as an instructor has changed since the issuance of the prior approval. 1490 The term of such renewed approval shall not exceed two years.
1491 (c) Not later than two years after successful completion of the training 1492 required pursuant to subsection (b) of this section, or the waiver of such 1493 training, the applicant may submit an application for a license as a 1494 security officer on forms furnished by the commissioner and, under 1495 oath, shall give the applicant's name, address, date and place of birth, 1496 employment for the previous five years, experience in the position 1497 applied for, including military training and weapons qualifications, any 1498 convictions for violations of the law and such other information as the 1499 commissioner may require, by regulation, to properly investigate the 1500 character, competency and integrity of the applicant. The commissioner 1501 shall require any applicant for a license under this section to submit to 1502 state and national criminal history records checks conducted in 1503 accordance with section 29-17a. Each applicant shall submit with the 1504 application two sets of his or her fingerprints on forms specified and 1505 furnished by the commissioner, two full-face photographs, two inches 1506 wide by two inches high, taken not earlier than six months prior to the 1507 date of application, and a one-hundred-dollar licensing fee, made 1508 payable to the state. Any applicant who received a waiver as provided 1509 in subsection (b) of this section shall be exempt from payment of such 1510 licensing fee. Subject to the provisions of section 46a-80, no person shall 1511 be approved for a license who has been convicted of a felony, any sexual 1512 offense or any crime involving moral turpitude, or who has been 1513 refused a license under the provisions of sections 29-161g to 29-161x, 1514 inclusive, for any reason except minimum experience, or whose license,
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1515 having been granted, has been revoked or is under suspension. Upon 1516 being satisfied of the suitability of the applicant for licensure, the 1517 commissioner may license the applicant as a security officer. Such 1518 license shall be renewed every five years for a one-hundred-dollar fee. 1519 The commissioner shall send a notice of the expiration date of such 1520 license to the holder of such license, by first class mail, not less than 1521 ninety days before such expiration, and shall enclose with such notice 1522 an application for renewal. The security officer license shall be valid for 1523 a period of ninety days after its expiration date unless the license has 1524 been revoked or is under suspension pursuant to section 29-161v. An 1525 application for renewal filed with the commissioner after the expiration 1526 date shall be accompanied by a late fee of twenty-five dollars. The 1527 commissioner shall not renew any license that has been expired for more 1528 than ninety days.
1529 (d) Upon the security officer's successful completion of training and 1530 licensing by the commissioner, or immediately upon hiring a licensed 1531 security officer, the security service employing such security officer 1532 shall apply to register such security officer with the commissioner on 1533 forms provided by the commissioner. Such application shall be 1534 accompanied by payment of a forty-dollar application fee payable to the 1535 state. The Division of State Police within the Department of Emergency 1536 Services and Public Protection shall keep on file the completed 1537 registration form and all related material. An identification card with 1538 the name, date of birth, address, full-face photograph, physical 1539 descriptors and signature of the applicant shall be issued to the security 1540 officer, and shall be carried by the security officer at all times while 1541 performing the duties associated with the security officer's employment. 1542 Registered security officers, in the course of performing their duties, 1543 shall present such card for inspection upon the request of a law 1544 enforcement officer.
1545 (e) The security service shall notify the commissioner not later than 1546 five days after the termination of employment of any registered 1547 employee.
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1548 (f) Any fee or portion of a fee paid pursuant to this section shall not 1549 be refundable.
1550 (g) No person, firm or corporation shall employ or otherwise engage 1551 any person as a security officer, as defined in section 29-152u, unless 1552 such person (1) is a licensed security officer, or (2) meets the 1553 requirements of subsection (h) of this section.
1554 (h) During the time that an application for a license as a security 1555 officer is pending with the commissioner, the applicant may perform the 1556 duties of security officer, provided (1) the security service employing 1557 the applicant conducts, or has a consumer reporting agency regulated 1558 under the federal Fair Credit Reporting Act conduct, a state and national 1559 criminal history records check and determines the applicant meets the 1560 requirements of subsection (c) of this section to be a security officer, 1561 [and] (2) the applicant (A) successfully completed the training required 1562 pursuant to subsection (b) of this section, or obtained a waiver of such 1563 training, and (B) performs the duties of a security officer under the direct 1564 on-site supervision of a licensed security officer with at least one year of 1565 experience as a licensed security officer, and (3) the applicant has not 1566 been decertified as a police officer or otherwise had his or her 1567 certification canceled, revoked or refused renewal pursuant to 1568 subsection (c) of section 7-294d. The applicant shall not perform such 1569 duties at a public or private preschool, elementary or secondary school 1570 or at a facility licensed and used exclusively as a child care center, as 1571 described in subdivision (1) of subsection (a) of section 19a-77. The 1572 applicant shall cease to perform such duties pursuant to this subsection 1573 when the commissioner grants or denies the pending application for a 1574 security license under this section.
1575 (i) Any person, firm or corporation that violates any provision of 1576 subsection (b), (d), (e), (g) or (h) of this section shall be fined seventy- 1577 five dollars for each offense. Each distinct violation of this section shall 1578 be a separate offense and, in the case of a continuing violation, each day 1579 thereof shall be deemed a separate offense.
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1580 Sec. 33. (NEW) (Effective from passage) (a) There is established the 1581 Office of the Inspector General that shall be an independent office 1582 within the Division of Criminal Justice. Not later than October 1, 2020, 1583 the Criminal Justice Commission established pursuant to section 51- 1584 275a of the general statutes shall nominate a deputy chief state's attorney 1585 from within the division as Inspector General who, subject to 1586 appointment by the General Assembly pursuant to subsection (c) or (d) 1587 of this section, shall lead the Office of the Inspector General. The office 1588 shall: (1) Conduct investigations of peace officers in accordance with 1589 section 51-277a of the general statutes; (2) prosecute any case in which 1590 the Inspector General determines a peace officer used force found to not 1591 be justifiable pursuant to section 53a-22 of the general statutes or where 1592 a police officer or correctional officer fails to intervene in any such 1593 incident or to report any such incident, as required under subsection (a) 1594 of section 7-282e of the general statutes or section 42 of this act, as 1595 applicable; and (3) make recommendations to the Police Officer 1596 Standards and Training Council established under section 7-294b of the 1597 general statutes concerning censure and suspension, renewal, 1598 cancelation or revocation of a peace officer's certification.
1599 (b) The Inspector General shall serve a term of four years. On or 1600 before the date of the expiration of the term of the Inspector General or 1601 upon the occurrence of a vacancy in the Office of the Inspector General 1602 for any reason, the Criminal Justice Commission shall nominate a 1603 deputy chief state's attorney from within the Division of Criminal 1604 Justice to fill that vacancy. The commission shall not be precluded from 1605 renominating an individual who has previously served as Inspector 1606 General. The Inspector General shall, upon nomination by the 1607 commission, be appointed by the General Assembly pursuant to 1608 subsection (c) or (d) of this section.
1609 (c) Each nomination made by the Criminal Justice Commission to the 1610 General Assembly for Inspector General shall be referred, without 1611 debate, to the joint standing committee of the General Assembly having 1612 cognizance of matters relating to the judiciary, which shall report on the
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1613 nomination not later than thirty legislative days from the time of 1614 reference, but no later than seven legislative days before the adjourning 1615 of the General Assembly. An appointment by the General Assembly of 1616 an Inspector General shall be by concurrent resolution. The action on 1617 the passage of each such resolution in the House and in the Senate shall 1618 be by vote taken on the electrical roll-call device. The commission shall, 1619 not later than five days after receiving notice that a nomination for 1620 Inspector General has failed to be approved by the affirmative 1621 concurrent action of both houses of the General Assembly, make 1622 another nomination for Inspector General.
1623 (d) No vacancy in the position of Inspector General shall be filled by 1624 the Criminal Justice Commission when the General Assembly is not in 1625 session unless, prior to such filling, the commission submits the name 1626 of the proposed vacancy appointee to the joint standing committee of 1627 the General Assembly having cognizance of matters relating to the 1628 judiciary. Within forty-five days, the committee on the judiciary may, 1629 upon the call of either chairman, hold a special meeting for the purpose 1630 of approving or disapproving such proposed vacancy appointee by 1631 majority vote. Failure of the committee to act on such proposed vacancy 1632 appointee within such forty-five-day period shall be deemed to be an 1633 approval. Any appointment made pursuant to this subsection shall be 1634 in effect until the sixth Wednesday of the next regular session of the 1635 General Assembly, and until a successor is appointed.
1636 (e) A deputy chief state's attorney nominated for the position of 1637 Inspector General by the Criminal Justice Commission shall serve as 1638 interim Inspector General pending appointment by the General 1639 Assembly.
1640 (f) An Inspector General may be removed or otherwise disciplined 1641 only in accordance with section 51-278b of the general statutes.
1642 (g) The Inspector General may issue subpoenas to municipalities, law 1643 enforcement units, as defined in section 7-294 of the general statutes, the
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1644 Department of Correction and any employee or former employee of the 1645 municipality, unit or department (1) requiring the production of reports, 1646 records or other documents concerning an investigation described in 1647 subsection (a) of this section that is undertaken by the Inspector General, 1648 and (2) compelling the attendance and testimony of any person having 1649 knowledge pertinent to such investigation.
1650 (h) A chief of police of a municipality, the Commissioner of 1651 Emergency Services and Public Protection or the Commissioner of 1652 Correction may refer and the Inspector General shall accept any such 1653 referral of an incident described in subsection (a) of this section for 1654 purposes of an investigation.
1655 (i) The Office of the Inspector General shall be at a location that is 1656 separate from the locations of the Office of the Chief State's Attorney or 1657 any of the state's attorneys for the judicial districts.
1658 (j) The Inspector General may employ necessary staff to fulfil the 1659 duties of the Office of the Inspector General described in subsection (a) 1660 of this section. Such staff shall be selected from staff of the Division of 1661 Criminal Justice by the Inspector General and shall include, but not be 1662 limited to, an assistant state's attorney or a deputy assistant state's 1663 attorney, an inspector and administrative staff. As needed by and upon 1664 request of the Inspector General, the Office of the Chief State's Attorney 1665 shall ensure assistance from additional assistant state's attorneys or 1666 deputy assistant state's attorneys, inspectors and administrative staff.
1667 (k) The Inspector General and any staff employed by the Office of the 1668 Inspector General, who is not in a bargaining unit established pursuant 1669 to sections 5-270 to 5-280, inclusive, of the general statutes, shall, upon 1670 completion of employment with the office of the Inspector General be 1671 transferred back to the Division of Criminal Justice into a position 1672 equivalent or comparable to the position such person held in the 1673 division prior to being employed by the Office of the Inspector General. 1674 Upon such transfer back to the division, such person shall be
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1675 compensated at the same level such person was compensated 1676 immediately prior to being transferred back to the division.
1677 Sec. 34. Section 51-277a of the 2020 supplement to the general statutes 1678 is repealed and the following is substituted in lieu thereof (Effective 1679 October 1, 2020):
1680 (a) (1) Whenever a peace officer, in the performance of such officer's 1681 duties, uses physical force upon another person and such person dies as 1682 a result thereof or uses deadly force, as defined in section 53a-3, upon 1683 another person, the [Division of Criminal Justice shall cause an 1684 investigation to be made and shall have the responsibility of 1685 determining] Inspector General shall investigate and determine 1686 whether the use of physical force by the peace officer was [appropriate] 1687 justifiable under section 53a-22.
1688 (2) (A) Except as provided under subdivision (1) of this subsection, 1689 whenever a person dies in the custody of a peace officer or law 1690 enforcement agency, the Inspector General shall investigate and 1691 determine whether physical force was used by a peace officer upon the 1692 deceased person, and if so, whether the use of physical force by the 1693 peace officer was justifiable under section 53a-22. If the Inspector 1694 General determines the deceased person died as a result of a possible 1695 criminal action not involving the use of force by a peace officer, the 1696 Inspector General shall refer such case to the Division of Criminal Justice 1697 for potential prosecution.
1698 (B) Except as provided under subdivision (1) of this subsection or 1699 subparagraph (A) of subdivision (2) of this subsection, whenever a 1700 person dies in the custody of the Commissioner of Correction, the 1701 Inspector General shall investigate and determine whether the deceased 1702 person died as a result of a possible criminal action, and if so, refer such 1703 case to the Division of Criminal Justice for potential prosecution.
1704 (3) The [division] Inspector General shall request the appropriate law 1705 enforcement agency to provide such assistance as is necessary to
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1706 determine the circumstances of [the] an incident investigated under 1707 subdivision (1) or (2) of this subsection.
1708 [(2) On and after January 1, 2020, whenever] (4) Whenever a peace 1709 officer, in the performance of such officer's duties, uses physical force 1710 upon another person and such person dies as a result thereof, the 1711 [Division of Criminal Justice shall cause a preliminary status report to 1712 be completed] Inspector General shall complete a preliminary status 1713 report that shall include, but need not be limited to, (A) the name of the 1714 deceased person, (B) the gender, race, ethnicity and age of the deceased 1715 person, (C) the date, time and location of the injury causing such death, 1716 (D) the law enforcement agency involved, (E) the status on the 1717 toxicology report, if available, and (F) the death certificate, if available. 1718 The [division] Inspector General shall complete the report and submit a 1719 copy of such report not later than five business days after the cause of 1720 the death is available in accordance with the provisions of section 11-4a 1721 to the joint standing committees of the General Assembly having 1722 cognizance of matters relating to the judiciary and public safety.
1723 [(b) In causing an investigation to be made pursuant to subdivision 1724 (1) of subsection (a) of this section, the Chief State's Attorney shall, (1) 1725 as provided in section 51-281, designate a prosecutorial official from a 1726 judicial district other than the judicial district in which the incident 1727 occurred to conduct the investigation, or (2) as provided in subsection 1728 (a) of section 51-285, appoint a special assistant state's attorney or special 1729 deputy assistant state's attorney to conduct the investigation. The Chief 1730 State's Attorney shall, upon the request of such prosecutorial official or 1731 special prosecutor, appoint a special inspector or special inspectors to 1732 assist in such investigation.]
1733 [(c)] (b) Upon the conclusion of the investigation of the incident, the 1734 [Division of Criminal Justice] Inspector General shall file a report with 1735 the Chief State's Attorney which shall contain the following: (1) The 1736 circumstances of the incident, (2) a determination of whether the use of 1737 physical force by the peace officer was [appropriate] justifiable under
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1738 section 53a-22, and (3) any future action to be taken by the [division] 1739 Office of the Inspector General as a result of the incident. The Chief 1740 State's Attorney shall provide a copy of the report to the chief executive 1741 officer of the municipality in which the incident occurred and to the 1742 Commissioner of Emergency Services and Public Protection or the chief 1743 of police of such municipality, as the case may be, and shall make such 1744 report available to the public on the [division's] Division of Criminal 1745 Justice's Internet web site not later than forty-eight hours after the copies 1746 are provided to the chief executive officer and the commissioner or chief 1747 of police.
1748 (c) The Office of the Inspector General shall prosecute any case in 1749 which the Inspector General determines that the use of force by a peace 1750 officer was not justifiable under section 53a-22, and any failure to 1751 intervene in any such incident or to report any such incident, as required 1752 under subsection (a) of section 7-282e or section 42 of this act.
1753 Sec. 35. Section 51-281 of the general statutes is repealed and the 1754 following is substituted in lieu thereof (Effective October 1, 2020):
1755 The Chief State's Attorney and each deputy chief state's attorney, 1756 state's attorney, assistant state's attorney and deputy assistant state's 1757 attorney, including the deputy chief state's attorney acting as the 1758 Inspector General and any state's attorney, assistant state's attorney or 1759 deputy assistant state's attorney operating under the direction of the 1760 Office of the Inspector General established under section 33 of this act, 1761 shall be qualified to act in any judicial district in the state and in 1762 connection with any matter regardless of the judicial district where the 1763 offense took place, and may be assigned to act in any judicial district at 1764 any time on designation by the Chief State's Attorney or the Inspector 1765 General, as applicable.
1766 Sec. 36. Section 19a-406
1767 (a) The Chief Medical Examiner shall investigate all human deaths in 1768 the following categories: (1) Violent deaths, whether apparently
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1769 homicidal, suicidal or accidental, including but not limited to deaths 1770 due to thermal, chemical, electrical or radiational injury and deaths due 1771 to criminal abortion, whether apparently self-induced or not; (2) sudden 1772 or unexpected deaths not caused by readily recognizable disease; (3) 1773 deaths under suspicious circumstances; (4) deaths of persons whose 1774 bodies are to be cremated, buried at sea or otherwise disposed of so as 1775 to be thereafter unavailable for examination; (5) deaths related to disease 1776 resulting from employment or to accident while employed; (6) deaths 1777 related to disease which might constitute a threat to public health; and 1778 (7) any other death, not clearly the result of natural causes, that occurs 1779 while the deceased person is in the custody of a peace officer or a law 1780 enforcement agency or the Commissioner of Correction. The Chief 1781 Medical Examiner may require autopsies in connection with deaths in 1782 the preceding categories when it appears warranted for proper 1783 investigation and, in the opinion of the Chief Medical Examiner, the 1784 Deputy Chief Medical Examiner, an associate medical examiner or an 1785 authorized assistant medical examiner, an autopsy is necessary. The 1786 autopsy shall be performed at the Office of the Chief Medical Examiner 1787 or by a designated pathologist at a community hospital. Where 1788 indicated, the autopsy shall include toxicologic, histologic, 1789 microbiologic and serologic examinations. If a medical examiner has 1790 reason to suspect that a homicide has been committed, the autopsy shall 1791 be performed at the Office of the Chief Medical Examiner or by a 1792 designated pathologist in the presence of at least one other designated 1793 pathologist if such other pathologist is immediately available. A 1794 detailed description of the findings of all autopsies shall be written or 1795 dictated during their progress. The findings of the investigation at the 1796 scene of death, the autopsy and any toxicologic, histologic, serologic and 1797 microbiologic examinations and the conclusions drawn therefrom shall 1798 be filed in the Office of the Chief Medical Examiner.
1799 (b) The Chief Medical Examiner shall designate pathologists who are 1800 certified by the Department of Public Health to perform autopsies in 1801 connection with the investigation of any deaths in the categories listed
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1802 in subsection (a) of this section. Any deputy chief state's attorney, state's 1803 attorney or assistant state's attorney, including from the Office of the 1804 Inspector General pursuant to section 33 of this act, shall have the right 1805 to require an autopsy by a pathologist so designated in any case in 1806 which there is a suspicion that death resulted from a criminal act. The 1807 official requiring said autopsy shall make a reasonable effort to notify 1808 whichever one of the following persons, eighteen years of age or older, 1809 assumes custody of the body for purposes of burial: Father, mother, 1810 husband, wife, child, guardian, next of kin, friend or any person charged 1811 by law with the responsibility for burial, that said autopsy has been 1812 required, however performance of said autopsy need not be delayed 1813 pending such notice.
1814 (c) If there are no other circumstances which would appear to require 1815 an autopsy and if the investigation of the circumstances and 1816 examination of the body enable the Chief Medical Examiner, the Deputy 1817 Chief Medical Examiner, an associate medical examiner or an 1818 authorized assistant medical examiner to conclude with reasonable 1819 certainty that death occurred from natural causes or obvious traumatic 1820 injury, the medical examiner in charge shall certify the cause of death 1821 and file a report of his findings in the Office of the Chief Medical 1822 Examiner.
1823 Sec. 37. Section 19a-407 of the general statutes is repealed and the 1824 following is substituted in lieu thereof (Effective October 1, 2020):
1825 (a) All law enforcement officers, state's attorneys, prosecuting 1826 attorneys, employees of the Department of Correction, other officials, 1827 physicians, funeral directors, embalmers and other persons shall 1828 promptly notify the Office of the Chief Medical Examiner of any death 1829 coming to their attention which is subject to investigation by the Chief 1830 Medical Examiner under this chapter, shall assist in making dead bodies 1831 and related evidence available to that office for investigations and 1832 postmortem examinations, including autopsies, and shall cooperate 1833 fully with said office in making the investigations and examinations
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1834 herein provided for. In conducting such investigations or examinations, 1835 the Chief Medical Examiner may issue subpoenas requiring the 1836 production of medical reports, records or other documents concerning 1837 the death under investigation and compelling the attendance and 1838 testimony of any person having pertinent knowledge of such death.
1839 (b) In cases of apparent homicide or suicide, or of accidental death, 1840 the cause of which is obscure, or any other death, not clearly the result 1841 of natural causes, that occurs while the deceased person is in the custody 1842 of a peace officer or a law enforcement agency or the Commissioner of 1843 Correction, the scene of the event shall not be disturbed until authorized 1844 by the Chief Medical Examiner or his or her authorized representative. 1845 Upon receipt of notification of a death as provided herein, the Chief 1846 Medical Examiner or his or her authorized representative shall view and 1847 take charge of the body without delay.
1848 (c) In conducting his or her investigation, the Chief Medical Examiner 1849 or his or her authorized representative shall have access to any objects, 1850 writings or other articles of property in the custody of any law 1851 enforcement official which in the Chief Medical Examiner's opinion may 1852 be useful in establishing the cause or manner of death. Upon the Chief 1853 Medical Examiner's request, a law enforcement official having custody 1854 of such articles shall deliver them to the Chief Medical Examiner, along 1855 with copies of any reports of the analysis of such articles by such law 1856 enforcement official. The Chief Medical Examiner shall analyze such 1857 articles and return them to the official from whom they were obtained. 1858 When such articles are no longer required to be kept for the purposes of 1859 justice, the law enforcement official who has custody of them shall 1860 deliver them to the person or persons entitled to their custody. If such 1861 articles are not claimed by such person or persons entitled thereto 1862 within one year after the date of death, such articles may be disposed of 1863 by the law enforcement official as provided in section 54-36.
1864 (d) Any person who wilfully fails to comply with any provision of 1865 this section shall be fined not more than five hundred dollars or
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1866 imprisoned not more than one year, or both.
1867 Sec. 38. Section 7-282d of the general statutes is repealed and the 1868 following is substituted in lieu thereof (Effective October 1, 2020):
1869 No municipal police department may impose any quota with respect 1870 to the issuance of citations to pedestrians or summonses for motor 1871 vehicle violations upon any policeman in such department. Nothing in 1872 this section shall prohibit such department from using data concerning 1873 the issuance of such citations or summonses in the evaluation of an 1874 individual's work performance provided such data is not the exclusive 1875 means of evaluating such performance. As used in this section, "quota" 1876 means a specified number of citations issued to pedestrians or 1877 summonses for motor vehicle violations to be issued within a specified 1878 period of time.
1879 Sec. 39. Section 29-2b of the general statutes is repealed and the 1880 following is substituted in lieu thereof (Effective October 1, 2020):
1881 The Department of Emergency Services and Public Protection shall 1882 not impose any quota with respect to the issuance of citations to 1883 pedestrians or summonses for motor vehicle violations upon any 1884 policeman in said department. Nothing in this section shall prohibit said 1885 department from using data concerning the issuance of such citations or 1886 summonses in the evaluation of an individual's work performance, 1887 provided such data is not the exclusive means of evaluating such 1888 performance. As used in this section, "quota" means a specified number 1889 of citations issued to pedestrians or summonses for motor vehicle 1890 violations to be issued within a specified period of time.
1891 Sec. 40. (NEW) (Effective from passage) (a) For purposes of this section:
1892 (1) "Law enforcement agency" means the Division of State Police 1893 within the Department of Emergency Services and Public Protection or 1894 any municipal police department; and
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1895 (2) "Controlled equipment" means military designed equipment 1896 classified by the United States Department of Defense as part of the 1897 federal 1033 program that is (A) a controlled firearm, ammunition, 1898 bayonet, grenade launcher, grenade, including stun and flash-bang, or 1899 an explosive, (B) a controlled vehicle, highly mobile multi-wheeled 1900 vehicle, mine-resistant ambush-protected vehicle, truck, truck dump, 1901 truck utility or truck carryall, (C) a drone that is armored or 1902 weaponized, (D) controlled aircraft that is combat configured or combat 1903 coded or has no established commercial flight application, (E) a silencer, 1904 (F) a long-range acoustic device, or (G) an item in the federal supply 1905 class of banned items.
1906 (b) On and after the effective date of this section, no law enforcement 1907 agency may acquire controlled equipment.
1908 (c) Not later than December 31, 2020, each law enforcement agency 1909 shall report, in accordance with the provisions of section 11-4a of the 1910 general statutes, to the joint standing committees of the General 1911 Assembly having cognizance of matters relating to the judiciary and 1912 public safety its inventory of controlled equipment possessed on the 1913 effective date of this section. As part of such report, the agency shall 1914 include the use or proposed use of each item in its inventory and 1915 whether such use or proposed use is necessary for the operation and 1916 safety of the department or is for relief or rescue efforts in the case of a 1917 natural disaster or for other public safety purposes.
1918 (d) (1) The office of the Governor and the Commissioner of 1919 Emergency Services and Public Protection may order a law enforcement 1920 agency to lawfully sell, transfer or otherwise dispose of controlled 1921 equipment they jointly find is unnecessary for public protection. A 1922 municipal police department may request the office of the Governor and 1923 the commissioner to reconsider such order. The office of the Governor 1924 and the commissioner may jointly amend or rescind such order if the 1925 police department has held a public hearing in the municipality it serves 1926 concerning the proposed request for reconsideration and the
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1927 department demonstrates in its request for reconsideration that the use 1928 or proposed use of the controlled equipment is necessary for the 1929 operation and safety of the department or is for relief or rescue efforts 1930 in the case of a natural disaster or for other public safety purposes.
1931 (2) The office of the Governor and the Commissioner of Emergency 1932 Services and Public Protection shall notify the joint standing committees 1933 of the General Assembly having cognizance of matters relating to the 1934 judiciary and public safety of controlled equipment that is ordered to be 1935 sold, transferred or otherwise disposed of pursuant to subdivision (1) of 1936 this subsection.
1937 (e) No law enforcement agency that is permitted to retain controlled 1938 equipment may use any such equipment for crowd management or 1939 intimidation tactics.
1940 Sec. 41. (NEW) (Effective July 1, 2021, and applicable to any cause of action 1941 arising from an incident committed on or after July 1, 2021):
1942 (a) As used in this section:
1943 (1) "Law enforcement unit" has the same meaning as provided in 1944 section 7-294a of the general statutes; and
1945 (2) "Police officer" has the same meaning as provided in section 7- 1946 294a of the general statutes.
1947 (b) No police officer, acting alone or in conspiracy with another, shall 1948 deprive any person or class of persons of the equal protection of the laws 1949 of this state, or of the equal privileges and immunities under the laws of 1950 this state, including, without limitation, the protections, privileges and 1951 immunities guaranteed under article first of the Constitution of the 1952 state.
1953 (c) Any person aggrieved by a violation of subsection (b) of this 1954 section may bring a civil action for equitable relief or damages in the 1955 Superior Court. A civil action brought for damages shall be triable by
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1956 jury.
1957 (d) In any civil action brought under this section, governmental 1958 immunity shall only be a defense to a claim for damages when, at the 1959 time of the conduct complained of, the police officer had an objectively 1960 good faith belief that such officer's conduct did not violate the law. 1961 There shall be no interlocutory appeal of a trial court's denial of the 1962 application of the defense of governmental immunity. Governmental 1963 immunity shall not be a defense in a civil action brought solely for 1964 equitable relief.
1965 (e) In an action under this section, each municipality or law 1966 enforcement unit shall protect and save harmless any such police officer 1967 from financial loss and expense, including legal fees and costs, if any, 1968 arising out of any claim, demand or suit instituted against such officer 1969 by reason of any act undertaken by such officer while acting in the 1970 discharge of the officer's duties. In the event such officer has a judgment 1971 entered against him or her for a malicious, wanton or wilful act in a 1972 court of law, such municipality shall be reimbursed by such officer for 1973 expenses it incurred in providing such defense and shall not be held 1974 liable to such officer for any financial loss or expense resulting from such 1975 act.
1976 (f) In any civil action brought under this section, if the court finds that 1977 a violation of subsection (b) of this section was deliberate, wilful or 1978 committed with reckless indifference, the plaintiff may be awarded 1979 costs and reasonable attorney's fees.
1980 (g) A civil action brought pursuant to this section shall be commenced 1981 not later than one year after the date on which the cause of action 1982 accrues. Any notice of claim provision set forth in the general statutes, 1983 including, but not limited to, the provisions of subsection (d) of section 1984 7-101a of the general statutes and subsection (a) of section 7-465 of the 1985 general statutes shall not apply to an action brought under this section.
1986 Sec. 42. (Effective from passage) On or before January 1, 2021, the task
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1987 force established to study police transparency and accountability, 1988 pursuant to section 6 of public act 19-90, shall report in accordance with 1989 the provisions of section 11-4a of the general statutes to the joint 1990 standing committee of the General Assembly having cognizance of 1991 matters relating to the judiciary on any recommendations related to the 1992 implementation of section 41 of this act and the anticipated impact that 1993 the implementation of said section 41 will have on the ability of a police 1994 officer or municipality to obtain liability insurance.
1995 Sec. 43. (NEW) (Effective October 1, 2020) (a) Any correction officer 1996 who witnesses another correction officer use what the witnessing 1997 correction officer objectively knows to be excessive or illegal use of force 1998 shall intervene and attempt to stop such other correction officer from 1999 using such force. Any correction officer who fails to intervene in such 2000 an incident may be prosecuted and punished in accordance with the 2001 provisions of section 53a-8 of the general statutes for the same acts as 2002 the correction officer who used unreasonable, excessive or illegal force.
2003 (b) Any correction officer who witnesses another correction officer 2004 use what the witnessing correction officer objectively knows to be 2005 unreasonable, excessive or illegal use of force or is otherwise aware of 2006 such use of force by another correction officer shall report, as soon as is 2007 practicable, such use of force to the witnessing correction officer's 2008 immediate supervisor. Such supervisor shall immediately report such 2009 use of force to the immediate supervisor of the correction officer who is 2010 reported to have used such force. Any correction officer required to 2011 report such an incident who fails to do so may be prosecuted and 2012 punished in accordance with the provisions of sections 53a-165 to 53a- 2013 167, inclusive, of the general statutes.
2014 (c) The Department of Correction or any employee of the department 2015 shall not take any retaliatory personnel action or discriminate against a 2016 correction officer because such correction officer intervened in an 2017 incident pursuant to subsection (a) of this section or reported an incident 2018 pursuant to subsection (b) of this section. Such intervening or reporting
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2019 correction officer shall be protected by the provisions of section 4-61dd 2020 of the general statutes.
2021 Sec. 44. Section 7-294ee of the general statutes is repealed and the 2022 following is substituted in lieu thereof (Effective from passage):
2023 (a) [The] Until December 31, 2024, the Police Officer Standards and 2024 Training Council, established under section 7-294b, and the 2025 Commissioner of Emergency Services and Public Protection or the 2026 commissioner's designee, shall [, within available appropriations,] 2027 jointly develop, adopt and revise, as necessary, minimum standards and 2028 practices for the administration and management of law enforcement 2029 units, as defined in section 7-294a. Such minimum standards and 2030 practices shall be based upon standards established by the International 2031 Association of Chiefs of Police and the Commission on Accreditation for 2032 Law Enforcement Agencies, Inc., and shall include, but need not be 2033 limited to, standards and practices regarding bias-based policing, use of 2034 force, response to crimes of family violence, use of body-worn recording 2035 equipment, complaints that allege misconduct by police officers, use of 2036 electronic defense weapons, eyewitness identification procedures, 2037 notifications in death and related events and pursuits by police officers. 2038 The council shall post such minimum standards and practices on the 2039 council's Internet web site and disseminate such standards and practices 2040 to law enforcement units. The council and commissioner or the 2041 commissioner's designee shall jointly develop a process to review a law 2042 enforcement unit's compliance with such minimum standards and 2043 practices and issue a certificate of compliance with law enforcement 2044 standards and practices to a law enforcement unit that meets or exceeds 2045 such standards and practices.
2046 (b) On and after January 1, 2019, and until December 31, 2024, each 2047 law enforcement unit shall adopt and maintain (1) the minimum 2048 standards and practices developed by the council pursuant to 2049 subsection (a) of this section, or (2) a higher level of accreditation 2050 standards developed by the council or the Commission on Accreditation
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2051 for Law Enforcement Agencies, Inc.
2052 (c) On and after January 1, 2025, each law enforcement unit shall 2053 obtain and maintain accreditation by the Commission on Accreditation 2054 for Law Enforcement Agencies, Inc. If a law enforcement unit fails to 2055 obtain or maintain such accreditation, the council shall work with the 2056 law enforcement unit to obtain and maintain such accreditation.
2057 [(c)] (d) No civil action may be brought against a law enforcement 2058 unit for damages arising from the failure of the law enforcement unit to 2059 (1) adopt and maintain such minimum standards and practices or a 2060 higher level of accreditation standards pursuant to subsection (b) of this 2061 section, or (2) obtain and maintain accreditation by the Commission on 2062 Accreditation for Law Enforcement Agencies, Inc., pursuant to 2063 subsection (c) of this section.
2064 Sec. 45. (NEW) (Effective from passage) (a) For the purposes described 2065 in subsection (b) of this section, the State Bond Commission shall have 2066 the power from time to time to authorize the issuance of bonds of the 2067 state in one or more series and in principal amounts not exceeding in 2068 the aggregate four million dollars.
2069 (b) The proceeds of the sale of such bonds, to the extent of the amount 2070 stated in subsection (a) of this section, shall be used by the Office of 2071 Policy and Management for the purpose of providing grants-in-aid to 2072 municipalities for the program established under section 20 of this act.
2073 (c) All provisions of section 3-20 of the general statutes, or the exercise 2074 of any right or power granted thereby, that are not inconsistent with the 2075 provisions of this section are hereby adopted and shall apply to all 2076 bonds authorized by the State Bond Commission pursuant to this 2077 section. Temporary notes in anticipation of the money to be derived 2078 from the sale of any such bonds so authorized may be issued in 2079 accordance with section 3-20 of the general statutes and from time to 2080 time renewed. Such bonds shall mature at such time or times not 2081 exceeding twenty years from their respective dates as may be provided
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2082 in or pursuant to the resolution or resolutions of the State Bond 2083 Commission authorizing such bonds. None of such bonds shall be 2084 authorized except upon a finding by the State Bond Commission that 2085 there has been filed with it a request for such authorization that is signed 2086 by or on behalf of the Secretary of the Office of Policy and Management 2087 and states such terms and conditions as said commission, in its 2088 discretion, may require. Such bonds issued pursuant to this section shall 2089 be general obligations of the state and the full faith and credit of the state 2090 of Connecticut are pledged for the payment of the principal of and 2091 interest on such bonds as the same become due, and accordingly and as 2092 part of the contract of the state with the holders of such bonds, 2093 appropriation of all amounts necessary for punctual payment of such 2094 principal and interest is hereby made, and the State Treasurer shall pay 2095 such principal and interest as the same become due.
2096 Sec. 46. Subparagraph (A) of subdivision (1) of subsection (b) of 2097 section 51-278 of the general statutes is repealed and the following is 2098 substituted in lieu thereof (Effective from passage):
2099 (b) (1) (A) The Criminal Justice Commission shall appoint (i) two 2100 deputy chief state's attorneys as assistant administrative heads of the 2101 Division of Criminal Justice, one of whom shall be deputy chief state's 2102 attorney for operations and one of whom shall be deputy chief state's 2103 attorney for personnel, finance and administration, who shall assist the 2104 Chief State's Attorney in his duties, and (ii) one deputy chief state's 2105 attorney who shall be nominated by the commission to serve as 2106 Inspector General in accordance with section 33 of this act. The term of 2107 office of a deputy chief state's attorney shall be four years from July first 2108 in the year of appointment and until the appointment and qualification 2109 of a successor unless sooner removed by the Criminal Justice 2110 Commission. The Criminal Justice Commission shall designate one 2111 deputy chief state's attorney appointed under subparagraph (A)(i) of 2112 this subsection who shall, in the absence or disqualification of the Chief 2113 State's Attorney, exercise the powers and duties of the Chief State's 2114 Attorney until such Chief State's Attorney resumes his duties. For the
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2115 purposes of this subparagraph, the Criminal Justice Commission means 2116 the members of the commission other than the Chief State's Attorney. 2117 (B) The Criminal Justice Commission shall appoint a state's attorney for 2118 each judicial district, who shall act therein as attorney on behalf of the 2119 state. The Criminal Justice Commission shall also appoint, from 2120 candidates recommended by the appropriate state's attorney and 2121 deemed qualified by the commission, as many assistant state's attorneys 2122 and deputy assistant state's attorneys on a full-time or part-time basis 2123 for each judicial district as the criminal business of the court, in the 2124 opinion of the Chief State's Attorney, may require, and the commission 2125 shall also appoint, from candidates recommended by the Chief State's 2126 Attorney and deemed qualified by the commission, as many assistant 2127 state's attorneys and deputy assistant state's attorneys as are necessary, 2128 in the opinion of the Chief State's Attorney, to assist the Chief State's 2129 Attorney. Assistant state's attorneys and deputy assistant state's 2130 attorneys, respectively, shall assist the state's attorneys for the judicial 2131 districts and the Chief State's Attorney in all criminal matters and, in the 2132 absence from the district or disability of the state's attorney or at his 2133 request, shall have and exercise all the powers and perform all the duties 2134 of state's attorney. At least three such assistant state's attorneys or 2135 deputy assistant state's attorneys shall be designated by the Chief State's 2136 Attorney to handle all prosecutions in the state of housing matters 2137 deemed to be criminal. Any assistant or deputy assistant state's attorney 2138 so designated should have a commitment to the maintenance of decent, 2139 safe and sanitary housing and, to the extent practicable, shall handle 2140 housing matters on a full-time basis. At least one assistant state's 2141 attorney shall be designated by the Chief State's Attorney to handle all 2142 prosecutions in the state of environmental matters deemed to be 2143 criminal. Any assistant state's attorney so designated should have a 2144 commitment to protecting the environment and, to the extent 2145 practicable, shall handle environmental matters on a full-time basis. (C) 2146 The Chief State's Attorney may promote any assistant state's attorney, 2147 or deputy assistant state's attorney who assists him, and the appropriate 2148 state's attorney may promote any assistant state's attorney or deputy
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2149 assistant state's attorney who assists such state's attorney in the judicial 2150 district.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 29-4(a) Sec. 2 from passage 29-3a Sec. 3 from passage 7-294d Sec. 4 from passage 7-294e Sec. 5 from passage New section Sec. 6 from passage 29-8 Sec. 7 from passage 7-294s Sec. 8 from passage 5-278(e) Sec. 9 from passage New section Sec. 10 from passage 7-291a Sec. 11 from passage 7-294c Sec. 12 from passage PA 19-90, Sec. 6 Sec. 13 from passage 7-294b Sec. 14 from passage New section Sec. 15 from passage 7-294a Sec. 16 from passage New section Sec. 17 from passage New section Sec. 18 from passage New section Sec. 19 July 1, 2022 29-6d Sec. 20 from passage New section Sec. 21 October 1, 2020 New section Sec. 22 October 1, 2020 54-33b Sec. 23 from passage New section Sec. 24 October 1, 2020 53a-180 Sec. 25 October 1, 2020 53a-180a Sec. 26 October 1, 2020 53a-180b Sec. 27 October 1, 2020 53a-180c Sec. 28 October 1, 2020 53a-180d Sec. 29 April 1, 2021 53a-22 Sec. 30 October 1, 2020 7-282e Sec. 31 October 1, 2020 29-161h(c) Sec. 32 October 1, 2020 29-161q Sec. 33 from passage New section
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Sec. 34 October 1, 2020 51-277a Sec. 35 October 1, 2020 51-281 Sec. 36 October 1, 2020 19a-406 Sec. 37 October 1, 2020 19a-407 Sec. 38 October 1, 2020 7-282d Sec. 39 October 1, 2020 29-2b Sec. 40 from passage New section Sec. 41 July 1, 2021, and New section applicable to any cause of action arising from an incident committed on or after July 1, 2021 Sec. 42 from passage New section Sec. 43 October 1, 2020 New section Sec. 44 from passage 7-294ee Sec. 45 from passage New section Sec. 46 from passage 51-278(b)(1)(A)
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